Use vocabulary and concepts covered in Chapter 14 to answer the questions following the fact situations:

A. Paul Getty is a well-known, wealthy financial expert and coin collector. Adam Wade, who golfs in a league with Getty, tells Tim Brown that he takes care of Getty's rare coins. Wade shows Brown a newspaper clipping mentioning Getty's interest in coin collecting. Brown, having seen Getty and Wade golfing together, arranges with Wade to sell a rare coin valued at $25,000 to Getty. Brown delivers the coin to Wade, and Wade disappears with it. On the payment due date, Brown seeks to collect from Getty. Getty admits that he knows Wade but denies any business relationship and refuses to pay for the coin.

1. Identify the alleged agent, principal and third party.

2. Is this a breach of contract claim or a tort claim?

3. Who will be the plaintiff and who will be the defendant?

4. Should the alleged principal be liable for the loss sustained by the plaintiff? Briefly explain why or why not.

B. Jesse Spires was employed as a welder by Johnson Welded Products, Inc. At the start of his lunch hour, Spires was driving a company delivery van to pick up lunch for himself and fellow workers, to be eaten back at the company break room, when he collided with Donald Thaler, who was riding a motorcycle. The collision, which was the result of Spires's not paying attention to traffic, caused personal injury and property damage to Thaler.

5. Identify the alleged agent, principal and third party.

6. Is this a breach of contract claim or a tort claim?

7. Who will be the plaintiff and who will be the defendant?

8. Should the alleged principal be liable for the loss sustained by the plaintiff? Briefly explain why or why not.

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