Asked by Joann Quigee on Jun 10, 2024
Verified
Dart Corp.dismissed Ritz as its general sales agent and hired Parker as its new general sales agent.Parker provided notice to Bing Corp. ,a retail outlet,that he was taking over as general sales agent and Bing was no longer authorized to make sales for Dart Corp.Ritz subsequently sold Bing Corp.goods to be delivered by Dart Corp.and accepted a standard 20 percent cash deposit for the sale of goods,which is common in the industry. In an action by Bing against Dart on the sales contract,which of the following is true?
A) Bing will win the lawsuit because Dart's notice was inadequate to terminate Ritz's apparent authority.
B) Dart will win the lawsuit because Dart's new agent provided notice to Bing that Ritz is no longer Dart's agent.
C) Bing will lose the lawsuit,because Ritz lacked any express or implied authority to make the contract.
D) Bing will lose the lawsuit because Bing was negligent while making a contract with Ritz.
Apparent Authority
A form of authority that a third party reasonably believes an agent has due to the actions of the principal, even if the agent does not have actual authority.
General Sales Agent
An individual or company authorized to sell or distribute a manufacturer's products in a specific area or market.
Express or Implied Authority
Power granted by a principal to an agent, which can be explicitly stated (express) or inferred from actions, circumstances, or job title (implied).
- Identify the circumstances where a third party is obligated by communications made to an agent possessing ostensible authority.
- Determine the varieties of power that an agent may possess and its impact on the liability of the principal.
Verified Answer
Learning Objectives
- Identify the circumstances where a third party is obligated by communications made to an agent possessing ostensible authority.
- Determine the varieties of power that an agent may possess and its impact on the liability of the principal.
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