Levels Tought:
Elementary,High School,College,University,PHD
Teaching Since: | May 2017 |
Last Sign in: | 259 Weeks Ago, 2 Days Ago |
Questions Answered: | 20103 |
Tutorials Posted: | 20155 |
MBA, PHD
Phoniex
Jul-2007 - Jun-2012
Corportae Manager
ChevronTexaco Corporation
Feb-2009 - Nov-2016
You and Ben decide to attend Comic Con to promote “Enterprise Cafe”. You have purchased a stand for your displays, and both you and Ben are manning it wearing your favourite Star Trek uniforms. On the back you have had printed “Enterprise Cafe” and the location of the cafe. Both of you have been purchasing different merchandise for the café.
Eddie is a fanatical Star Trek fan and makes Star Trek replicas of the spaceship Enterprise. He has the display stand next to you, and you and Ben have been interacting with him during the first two days of Comic Con. You have both talked to him in detail about “Enterprise Café” and the plans you have for the café. On Day 3 of Comic Con you are unable to attend and Ben looks after the stand on his own. Eddie says to Ben, “I have a great business deal for you. I know you have been buying things for your café. You can buy one of my replica space ship Enterprises for the café for $5,000, a saving of $2,000.” Ben loves the idea of having a replica Enterprise and agrees that “Enterprise Pty Ltd” will purchase a replica. Ben and Eddie sign an agreement for $5,000 to be paid when Eddie delivers the Enterprise to “Enterprise Café” the next weekend. Under Ben’s signature are the words “Director of Enterprise Café Pty Ltd.”
The next day Ben meets with you and Adam and tells you of his agreement to purchase the replica at the bargain price. Adam is upset and states that Ben had no authority to purchase something that expensive. “We cannot afford it,” he says. Adam and you both agree that “Enterprise Cafe” will not pay for the replica.
Using relevant legal principles, explain who is liable for the payment of the replica – is it “Enterprise Cafe” or Ben?
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