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Emile owns Emile\'s Used Car Emporium. Several people work for him at the Empori

ID: 338656 • Letter: E

Question


Emile owns Emile's Used Car Emporium. Several people work for him at the Emporium. When Emile is gone, he leaves one of his best salespersons, Meg, in charge. Over the years, Emile has given Meg the authority to contract with vendors, negotiate sales, and conclude car sales contracts in his name.

One August, Emile takes a long vacation, leaving Meg in charge. While he is gone a hurricane hits Florida where the Emporium is located, causing severe damage. Because Emile is floating down the Amazon, Meg cannot reach him for instructions. She decides that rather than leave the place in shambles, she will hire people to repair the Emporium.

Meg hires a carpenter to rebuild a wall that was blown down by the storm. Phil, the carpenter, is busy at work on his scaffold when Meg's Scottish terrier Adam, who she keeps with her at work, plows into the scaffolding while chasing a cat. Phil is knocked off the scaffold and falls ten feet to the ground, suffering a broken leg.

Refer to Fact Pattern 14-1. Meg enters into a contract with the office supply vendor in Emile's name. Because the office supply vendor is a friend, Emile has always negotiated these contracts and he is angry with Meg when she tells him that she signed the contract. In this case, Emile is:

not bound by Meg's actions

bound by Meg's actions by operation of law

bound by Meg's action apparent or actual authority

bound by Meg's action by rectification

not bound by Meg's actions because in this case there was no emergency to justify Meg's behavior

a.

not bound by Meg's actions

b.

bound by Meg's actions by operation of law

c.

bound by Meg's action apparent or actual authority

d.

bound by Meg's action by rectification

e.

not bound by Meg's actions because in this case there was no emergency to justify Meg's behavior

Explanation / Answer


Emile owns Emile's Used Car Emporium. Several people work for him at the Emporium. When Emile is gone, he leaves one of his best salespersons, Meg, in charge. Over the years, Emile has given Meg the authority to contract with vendors, negotiate sales, and conclude car sales contracts in his name.

One August, Emile takes a long vacation, leaving Meg in charge. While he is gone a hurricane hits Florida where the Emporium is located, causing severe damage. Because Emile is floating down the Amazon, Meg cannot reach him for instructions. She decides that rather than leave the place in shambles, she will hire people to repair the Emporium.

Meg hires a carpenter to rebuild a wall that was blown down by the storm. Phil, the carpenter, is busy at work on his scaffold when Meg's Scottish terrier Adam, who she keeps with her at work, plows into the scaffolding while chasing a cat. Phil is knocked off the scaffold and falls ten feet to the ground, suffering a broken leg.

Refer to Fact Pattern 14-1. Meg enters into a contract with the office supply vendor in Emile's name. Because the office supply vendor is a friend, Emile has always negotiated these contracts and he is angry with Meg when she tells him that she signed the contract. In this case, Emile is:

not bound by Meg's actions

bound by Meg's actions by operation of law

bound by Meg's action apparent or actual authority

bound by Meg's action by rectification

not bound by Meg's actions because in this case there was no emergency to justify Meg's behavior

a.

not bound by Meg's actions

b.

bound by Meg's actions by operation of law

c.

bound by Meg's action apparent or actual authority

d.

bound by Meg's action by rectification

e.

not bound by Meg's actions because in this case there was no emergency to justify Meg's behavior

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