Question
Tomas and his wife entered into a contract to have their home remodeled by Home Service. Felix signed the contract as an authorized representative of
Tomas and his wife entered into a contract to have their home remodeled by Home Service. Felix signed the contract as an authorized representative of Home Service. It turned out that Home Service was a fictitious name for Felix's Hauling, Ltd. The contract did not indicate this, however, and Felix did not inform Tomas about Felix's Hauling. When a contract dispute later arose, Tomas and his wife sued Felix personally for breach of contract. (See Liability in Agency Relationships)
NOTE: A fictitious name is a business name that was registered with the county. In this case Felix's Hauling, Ltd. would be registered as doing business as Home Service. It does not mean that Home Service is not a business.
Can Felix be held personally liable? Why or why not?
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