Two Real Estate Agents, Pressed for Time, Stopped at the Bakery

question 134

Multiple Choice

Two real estate agents, pressed for time, stopped at the bakery for some muffins that would suffice as lunch. John bought the muffins and gave one to Mary. They both began to eat the muffins as they hurried to the car. When Mary looked at the muffin she had just bitten, she saw that the raisins had little worms in them. John's muffins were the same-with little worms. Based on these facts, which of the following possibilities is true? (Read each independently from the others.)

• A) Since Mary did not buy the muffins, she could not sue in contract, but if she were injured, she could sue in tort.
• B) Even if Mary was not injured by eating the worms, she could sue the baker of the muffins for nuisance.
• C) If Mary sued the baker of the muffins or the packer of the raisins, she would have to prove only one thing to win her case-that there were worms in the muffin.
• D) Mary has a cause of action against the baker of the muffins only if she can prove that the baker used bad raisins on purpose.
• E) Mary can do nothing since she did not purchase the muffins.

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Definitions:

Compensation

Payment or reward given to someone for services rendered or losses incurred.

Principal Ratifies

Occurs when a principal approves and accepts the actions of an agent that were originally outside the agent's scope of authority.

Expressly Excludes

A contractual term used to specify that certain conditions or provisions are deliberately not covered within an agreement.

Vicarious Liability

Legal responsibility taken by one party for the actions of another, typically in an employer-employee relationship.