James Pierce Is a Sydney Pet Shop Owner Who Frequently

question 27

Multiple Choice

James Pierce is a Sydney pet shop owner who frequently orders litters of pedigree puppies from interstate.These are delivered by rail to a local station where James collects them.On one particular occasion, due to industrial action in Sydney, James cannot make it to the station to collect a litter.Jeff, the manager of the rail yard, sees the train arrive and, after a time, takes the liberty of arranging for the litter to be put into a nearby pet hotel for the weekend, fearing that they will not survive at the rail yard in the summer heat.James, upset at the high cost of the pet hotel, refuses to honour the contract Jeff has made with the hotel owners.Which of the following matters is not relevant in determining whether or not James must pay the hotel bill?

• A)Whether Jeff could have contacted James at the time of the delivery to get express instructions.
• B)Whether Jeff acted in good faith.
• C)Whether Jeff effectively had possession and control of the pets.
• D)Whether Jeff was authorised by his employer to take the puppies to the pet hotel.