Author Question: ______ is the authority given by the principal to the agent. a. artificial authority b. actual ... (Read 170 times)

asmith134

  • Hero Member
  • *****
  • Posts: 576
______ is the authority given by the principal to the agent.
 a. artificial authority
  b. actual authority
  c. legitimate authority d. general authority
  e. total authority

Question 2

Contract Modification. Ellen and Gabriel Fineman held MasterCards issued by Citibank. Holders of these cards paid an annual 15 fee. The issuance and use of the cards were governed by a retail installment credit agreement, which contained the following statement: We can change this Agreement including the finance charge and the annual percentage rate at any time. The agreement did provide for thirty days' notice of any such changes, and the cardholder had a right to reject the changes in writing and return the credit card. Two months before the expiration of the Finemans' cards, Citibank notified them that it was increasing its annual fee to 20; however, Citibank was also providing its cardholders with extra services and benefits, such as 100,000 common carrier travel insurance. The Finemans did not object in writing, nor did they return the cards. Citibank added 83 cents to the Finemans' next bill, the prorated portion of the increase for the two months remaining on their cards. The Finemans filed suit (a class-action lawsuit on behalf of all cardholders) to recover the increased charges. Among other claims, the Finemans argued that the modification failed because the travel insurance was not adequate consideration for the modification, because they never received any benefits from the insurance, and because its cost to Citibank was negligible. Was there adequate and legally sufficient consideration for Citibank's modification of the annual credit card fee?



tjayeee

  • Sr. Member
  • ****
  • Posts: 329
Answer to Question 1

b

Answer to Question 2

Contract modification
Yes. Stating that the adequacy of consideration must be determined at the time a contract is agreed on, and not from the hindsight of how parties fare under it, the court explained that insurance has value to the insured even if events on which the payment of benefits is conditioned do not occur. Regarding the cost of the insurance to Citibank, the court explained that it was not the court's function to review the amount of consideration to decide whether either party made a bad bargain, unless the amount was so grossly inadequate as to shock the conscience of the court. The court said that it could not say that its conscience was shocked by the exchange of two months of 100,000 of common carrier travel insurance coverage in return for the Finemans' payment of 83 cents.



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
 

Did you know?

According to the National Institute of Environmental Health Sciences, lung disease is the third leading killer in the United States, responsible for one in seven deaths. It is the leading cause of death among infants under the age of one year.

Did you know?

There can actually be a 25-hour time difference between certain locations in the world. The International Date Line passes between the islands of Samoa and American Samoa. It is not a straight line, but "zig-zags" around various island chains. Therefore, Samoa and nearby islands have one date, while American Samoa and nearby islands are one day behind. Daylight saving time is used in some islands, but not in others—further shifting the hours out of sync with natural time.

Did you know?

Hypertension is a silent killer because it is deadly and has no significant early symptoms. The danger from hypertension is the extra load on the heart, which can lead to hypertensive heart disease and kidney damage. This occurs without any major symptoms until the high blood pressure becomes extreme. Regular blood pressure checks are an important method of catching hypertension before it can kill you.

Did you know?

All adults should have their cholesterol levels checked once every 5 years. During 2009–2010, 69.4% of Americans age 20 and older reported having their cholesterol checked within the last five years.

Did you know?

The longest a person has survived after a heart transplant is 24 years.

For a complete list of videos, visit our video library