Instructions

 

• Read critically and analyze each scenario below.
• In your paper, respond to the questions following the scenario.
• Responses should be presented in paragraph form. Double-spaced. 12-point font.
• In-text citations should be formatted to APA requirements.
• Label your responses to correspond with the correct question part. (example: 1(A), 2(C), etc.)
• Do NOT include the fact pattern or question in your submission.
• Submit the paper in the Assignment Folder.

 

Review the following fact pattern and answer the questions following the scenario.

 

Bruce is a New York City resident and Senior Vice President for Marketing for Consultants, Inc.  He hired his Lindsay, his 16-year niece, as a paid part-time intern assigned to the Marketing department.

 

On May 1, 2016, while Lindsay was working, Bruce asked her to go to Tours, Inc. (“Tours”), a travel agency, and book a personal vacation trip for him in early July.  He told Lindsay he wanted a 1-week, luxury all-inclusive (except air fare) vacation package at a 5-star hotel in Key West, FL.  Bruce told Lindsay he would book his own air reservations.  He gave Lindsay a signed personal check made out to Tours, with the amount to be filled in by Lindsay for any necessary deposit, or, if required, for full payment.  He told Lindsay to sign any necessary agreements related to the vacation up to $5,000.  Lindsay misheard and thought he said $9,000.

 

Lindsay went to Tours and met with Jan, a travel agent for Tours, who told Lindsay she had the perfect trip for Bruce: an all-inclusive 7-day package vacation at the brand new oceanfront 5-star Key West Colony Hotel (“Hotel”) including meals, state of the art fitness facilities, round trip airfare from New York, and free airport shuttle service, at a total cost of $9,000.

 

Lindsay agreed the trip was perfect for Bruce and told Jan to make the reservations. Jan made reservations for Bruce for July 1-July 8, 2016 at Hotel, and a round trip reservation from New York City to Key West on Transamerica Airlines for July 1, returning July 8. Lindsay filled in Bruce’s check in the amount of $9,000 and gave the check to Jan. Lindsay also signed the written agreement with Hotel on behalf of Bruce, signing the agreement, “Lindsay Adams as representative for Bruce Basset.” The written agreement with Hotel outlined the details for the vacation package, including, in part: “Cancellation Policy: cancellations prior to 30 days of first day of trip date, fully refundable; cancellations prior to 15 days of first day of trip date, 40% refundable; cancellations within 7 days prior to first day of trip date, nonrefundable.”

 

Lindsay returned to the office and gave Bruce a copy of the agreement with Hotel, a receipt for his deposit check and brochures and information about the trip. Bruce didn’t look at the documents, but thanked Lindsay and told her he was thrilled and looking forward to the trip. 

 

Later that same day, Bruce, who collects antique cars, hired Toni as his agent to find and purchase a 1965 Ford Mustang on his behalf.  Toni found a Mustang similar to what Bruce described, but Toni fell in love with the car and purchased it for herself.  The Seller assured Toni that the car had a restored engine that would last another 100,000 miles.  The Seller stated that the car was sold “As Is.”  Toni has informed Bruce that she will continue looking until she finds the perfect car for him. 

 

 

PART I:  Bruce never looked at the documents until he was preparing for his trip in July.  On June 24th, Bruce sent written notice to Tours and Hotel that he was canceling his trip and reservations due to a personal matter and expected a full refund for his deposit. He included a stamped, self-addressed envelope for sending the refund to him. Tours and Hotel responded quickly, in writing, that under the terms of the contract, the deposit was non-refundable.

 

Bruce hires you as his attorney to resolve this matter. He believes he has valid legal claims because he believes (A) the agency with Lindsay was invalid, (B) Tours had no authority to make reservations/contracts on his behalf, (C) his contract with Hotel is unenforceable.

 

 

1(A).  Advise Bruce about the validity of his agency agreement with Lindsay. 

1(B).  Advise Bruce about Tours’ authority to make reservations/contracts on his behalf. 

1(C).  Advise Bruce about his contract with Hotel and whether he can recover his deposit.

 

PART II:  A few days later, Bruce noticed a post on Toni’s Instagram page a picture of her in her new Mustang convertible.  Bruce thought that he’d look much better in that car.  Unbeknownst to Bruce, Toni was having a lot of trouble with the car, especially the engine, and began to think that the seller sold her a lemon. 

 

 

2(A).  What are the duties of an agent? What duties did Toni breach, if any, to Bruce in this situation?

2(B).  Is the seller of the Mustang liable to Toni for any products liability or express/implied warranties? Explain.

 

Use the text and you MAY use 1 – 2 other outside resources to justify your analysis in any part(s) of the question.  Outside resources are not required, and I suggest you just use the text. If you do use an outside resource, please make sure to include the proper citations.