Author Question: Sid worked as the agent of Rosemary. Rosemary was in the business of buying antique clocks and ... (Read 158 times)

berenicecastro · **on:** Jun 24, 2018

Sid worked as the agent of Rosemary. Rosemary was in the business of buying antique clocks and selling them to the public. She became so successful at this that people began to become reluctant to sell to her, feeling that if she was buying the clock, it probably could be sold for more. Rosemary instructed Sid to purchase several clocks but not to reveal that the purchases were being made on her behalf. Sid contracted to buy several clocks and gave his own check as down payment to keep Rosemary's identity concealed. Although Rosemary had authorized the contracts, she reneged on the contracts. Sid thereupon told the seller what had happened and stopped payment on the down payment check. The seller of the clocks sued Rosemary on the bounced check and for breach of contract. Sid was sued on the same causes of action. Decide all cases.

Question 2

The incentives for self-policing, disclosure, correction, and prevention provides lesser penalties and sanctions:
A)For first-time violators.
B)For violators who came forward voluntarily.
C)For whistleblowers who report their own companies.
D)None of the above

rachel · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

Sid is liable on both causes of action. Regarding the breach of contract, Sid contracted in his own name and is therefore liable on the contract. Likewise, the check being his own, Sid is liable for the amount of the check as the drawer of the check.
As an undisclosed principal, Rosemary is liable for authorized contracts made by her agent Sid. She cannot, however, be sued on the check because her signature does not appear on the check and she is not referred to in any way on the check.

Answer to Question 2

B