Discuss Whether the Principal Is Liable in Each of the Following

question 53

Essay

Discuss whether the principal is liable in each of the following situations.
a. Patricia hires Andrew, an attorney, to negotiate a contract to purchase some property. She agrees to pay him $75 an hour for his services, and he agrees to use his own office and secretarial staff to negotiate and draft the agreement. One day, Andrew is driving his own automobile to a meeting with Edward to discuss the purchase of the land that he owns. Andrew drives too fast for conditions and has a minor traffic accident that results in $600 damage to the other vehicle.
b. Mel owns a retail store. He hires Sarah to work for him as a clerk in the home furnishings department. Mel instructs Sarah to make certain representations to customers regarding a microwave oven. Mel knows these misrepresentations are false, but Sarah does not. Henrietta buys a microwave from Sarah in reliance on the misrepresentations.
c. ABC Inc. hires Keith as an outside salesman and instructs him to call on customers in a specified territory and to solicit orders for its products. One day Keith is driving the company car a little too fast for conditions on his way to call on a client. He accidentally drives the wrong way on a one-way street and has an accident with another vehicle that results in $6,000 in property damage and $30,000 in medical expenses.
d. The A & B Machine Company (ABMC) hires John as an outside salesman for its computers. It sets high sales quotas for him and instructs him to beat up salesmen from competing firms in order to keep them away from ABMC customers. In order to meet his monthly sales quota, John roughs up Ralph, who is a salesman for a competing firm and then tells Ralph to find his own customers and to stay away from John's territory.

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Definitions:

Holder In Due Course

A party who has acquired a negotiable instrument in good faith and for value, and thus has certain rights above the original parties to the instrument.

Materially Altered

Describes a significant change made to a document or agreement that affects its terms or essence.

Reasonable Examination

An appropriate level of scrutiny or inspection applied in a specific context, such as reviewing a document or evaluating a property, to ensure that relevant standards or obligations are met.

Impairment Of Collateral

A decrease in the value or usability of property or assets that have been pledged as security for a loan, potentially affecting the secured party's interest.