Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Tom, a breeder of livestock, lives in Jefferson City, Tennessee. Tom is knowledgeable about cattle, but had limited means. He is, however, friendly with Ann

Tom, a breeder of livestock, lives in Jefferson City, Tennessee. Tom is knowledgeable about cattle, but had limited means. He is, however, friendly with Ann Melon, a wealthy widow who fancies fine animals. On one or two prior occasions, Tom has purchased cattle for Ann. While visiting his friend Jack, who raises cattle in Loudon, Tennessee, Tom saw some fine specimens. Purporting to act for Ann Melon (but without any authority from her), Tom contracted to buy from Jack three bulls for the sum of $50,000. Later that same day, Tom also agreed on behalf of Ann Melon to buy from Jack a cow for the sum of $10,000. Tom paid $1,000 down on each purchase and signed each sales agreement, "Tom, Agent for Ann Melon."

When Tom returned to Jefferson City, he told Ann of his actions, explaining that he thought he had found some good buys for her. Ann was less than enthusiastic. She had no interest in the three bulls, but agreed to buy the cow for $10,000. Tom relays the news to Jack. Upset about the series of events, Jack comes to you and asks whether he can hold Ann liable for the agreements made by Tom. What will you tell Jack?

Be sure to identify and discuss all agency issues, including (i) the difference in actual authority, apparent authority and ratification, (ii) whether Ann is liable for the contract for the cow and under what theory, and (iii) whether Ann is liable for the contract for the bulls and under what theory.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Elliott And Quinns Tort Law

Authors: Frances Quinn

12th Edition

1292251441, 978-1292251448

More Books

Students also viewed these Law questions

Question

5. It is the needs of the individual that are important.

Answered: 1 week ago