Question
The Homework Assignment is Chapter 28; Question 1, pg. 534 ( Adams vs Turner & Parker ). NOTE: Review Week 11 Homework Aid before
The "Homework Assignment" is Chapter 28; Question 1, pg. 534 (Adams vs Turner & Parker).
NOTE:
- Review Week 11 Homework Aid before completing this assignment.
- Follow the grading rubric when completing this assignment.
The final deadline to submit this assignment is 11:59 p.m. Monday, April 8.
Rubric
Homework (1) (1) (5)
Criteria | Ratings | Pts | |
---|---|---|---|
This criterion is linked to a Learning OutcomeSummary of Case - tell me what the case is about in "your own" words." Be thorough. | 5 pts | ||
This criterion is linked to a Learning OutcomeIdentify & explain the specific "rule of law" that applies to this case. Review the "homework aid" for this assignment first. | 10 pts | ||
This criterion is linked to a Learning Outcome Explain how this specific "rule of law" applies to this particular case; use facts from the case and concepts from the related chapter. | 10 pts | ||
This criterion is linked to a Learning Outcome Use critical thinking skills to effectively detail the main points of this case leading to your conclusion, based on the specific rule of law that applies. | 10 pts | ||
This criterion is linked to a Learning Outcome Paper is error free (no spelling or grammatical errors; and paragraph structure is correct). | 5 pts | ||
Total Points: 40 |
This is page 534
534 Part VI Agency Acts of the Parties Lapse of Time Mutual Agreement of the Parties Revocation of Authority Renunciation by the Agent Operation of Law Death of either the principal or the agent Incapacity of either the principal or the agent Change in Circumstances Irrevocable Powers a power given as securityincluding an agency coupled with an interestisirrevocable Termination of Agency Questions 1. Parker, the owner of certain unimproved real estate in Chicago, employed Adams, a real estate agent, to sell the property for a price of $250,000 or more and agreed to pay Adams a commission of 6 percent for making a sale. Adams negotiated with Turner, who was interested in the property and willing to pay as much as $280,000 for it. Adams made an agreement with Turner that if Adams could obtain Parker's signature to a contract to sell the property to Turner for $250,000, Turner would pay Adams a bonus of $10,000. Adams prepared and Parker and Turner signed a contract for the sale of the property to Turner for $250,000. Turner refuses to pay Adams the $10,000 as promised. Parker refuses to pay Adams the 6 percent commission. In an action by Adams against Parker and Turner, what is the judgment? 2. Perry employed Alice to sell a parcel of real estate at a fixed price without knowledge that David had previously employed Alice to purchase the same property for him. Perry gave Alice no discretion as to price or terms, and Alice entered into a contract of sale with David on the exact terms authorized by Perry. After accepting a partial payment, Perry discovered that Alice was employed by David and brought an action to rescind. David resisted on the ground that Perry had suffered no damage because Alice had been given no discretion and the sale was made on the exact basis authorized by Perry. Discuss whether Perry will prevail. 3. Packer owned and operated a fruit cannery in Southton, Illinois. He stored a substantial number of finished canned goods in a warehouse in East St. Louis, Illinois, owned and operated by Alden, in order to have goods readily available for the St. Louis market. On March 1, he had ten thousand cans of peaches and five thousand cans of apples in storage with Alden. On the day named, he borrowed $5,000 from Alden, giving Alden his promissory note for this amount due June 1, together with a letter authorizing Alden, in the event the note was not paid at maturity, to sell any or all of his goods in storage, pay the indebtedness, and account to him for any surplus. Packer died on June 2 without having paid the note. On June 8, Alden told Taylor, a wholesale food distributor, that he had for sale, as agent of the owner, ten thousand cans of peaches and five thousand cans of apples. Taylor said he would take the peaches and would decide later about the apples. A contract for the sale of ten thousand cans of peaches for $6,000 was thereupon signed "Alden, agent for Packer, seller; Taylor, buyer." Both Alden and Taylor knew of the death of Packer. Delivery of the peaches and payment were made on June 10. On June 11, Alden and Taylor signed a similar contract covering the five thousand cans of apples, delivery and payment to be made June 30. On June 23, Packer's executor, having learned of these contracts, wrote Alden and Taylor stating that Alden had no authority to make the contracts, demanding that Taylor return the peaches, and directing Alden not to deliver the apples. Discuss the correctness of the contentions of Packer's executor. 4. Harvey Hilgendorf was a licensed real estate broker acting as the agent of the Hagues in the sale of eighty acres of farmland. The Hagues, however, terminated Hilgendorf 's agency before the expiration of the listing contract when they encountered financial difficulties and decided to liquidate their entire holdings of land at one time. Hilgendorf brought this action for breach of the listing contract. The Hagues maintain that Hilgendorf 's duty of loyalty required him to give up the listing contract. Are the Hagues correct in their assertion? Explain. 5. Palmer made a valid contract with Ames under which Ames was to sell Palmer's goods on commission from January 1 to June 30. Ames made satisfactory sales up to May 15 and was about to close an unusually large order when Palmer suddenly and without notice revoked Ames's authority to sell. Can Ames continue to sell Palmer's goods during the unexpired term of her contract? Explain. 6. Piedmont Electric Co. gave a list of delinquent accounts to Alexander, an employee, with instructions to discontinue electric service to delinquent customers. Among those listed was Todd Hatchery, which was then in the process of hatching chickens in a large, electrically heated incubator. Todd Hatchery told Alexander that it did not consider its account delinquent, but Alexander nevertheless cut the wires leading to the hatchery. Subsequently, Todd Hatchery recovered a judgment of $5,000 in an action brought against Alexander for the loss resulting from the interruption of the incubation process. Alexander has paid the judgment and brings a cause of action against Piedmont Electric Co. What may he recover? Explain. 7. In October 2013, Black, the owner of the Grand Opera House, and Harvey entered into a written agreement to lease the opera house to Harvey for five years at a rental of $300,000 a year. Harvey engaged Day as manager of the theater at a salary of $1,175 per week plus 10 percent of the profits. One of Day's duties was to determine the amounts of money taken in each night and, after deducting expenses, to divide the profits between Harvey and the manager of the particular attraction playing at the theater. In September 2018, Day went to Black and offered to rent the opera house from Black at a rental of $375,000 per year, whereupon Black entered into a lease
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