Person T brought a suit for fraudulent representation against person J and company HT. T had bought 3 properties on the suggestion of J but some work was still incomplete after one year of sale. To find: The extent of J’s representation and the liability of H for the misrepresentations made by J.

Question

19-2. Duty of Loyalty. Peter hires Alice as an agent to sell a piece of property he owns. The price is to be at least $30,000. Alice discovers that the fair market value of Peter's property is actually at least $45,000 and could be higher because a shopping mall is going to be built nearby. Alice forms a real estate partnership with her cousin Carl. Then she prepares for Peter's signature a contract for the sale of the property to Carl for $32,000. Peter signs the contract. Just before closing and passage of tittle, Peter learns about the shopping mall and the increased fair market value of his property. Peter refuses to deed the property to Carl. Carl claims that Alice, as Peter's Agent, solicited a price above that agreed on when the agency was created and that the contract is therefore enforceable. Discuss fully whether Peter is bound to this contract. (See Duties, Right, and Remedies of Agents and Principals.)

Answer 1

Question

Chapter 19, Problem 9BCP

(a)

Summary Introduction

Case summary: Person T brought a suit for fraudulent representation against person J and company HT. T had bought 3 properties on the suggestion of J but some work was still incomplete after one year of sale.

To find:The extent of J’s representation and the liability of H for the misrepresentations made by J.

(b)

Summary Introduction

Case summary:Person T brought a suit for fraudulent representation against person J and company HT. T had bought 3 properties on the suggestion of J but some work was still incomplete after 1 year of sale.

To find: Ethical basis for imposing vicarious liability on principle.

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19-2. Duty of Loyalty. Peter hires Alice as an agent to sell a piece of property he owns. The price is to be at least $30,000. Alice discovers that the fair market value of Peter's property is actually at least $45,000 and could be higher because a shopping mall is going to be built nearby. Alice forms a real estate partnership with her cousin Carl. Then she prepares for Peter's signature a contract for the sale of the property to Carl for $32,000. Peter signs the contract. Just before closing and passage of tittle, Peter learns about the shopping mall and the increased fair market value of his property. Peter refuses to deed the property to Carl. Carl claims that Alice, as Peter's Agent, solicited a price above that agreed on when the agency was created and that the contract is therefore enforceable. Discuss fully whether Peter is bound to this contract. (See Duties, Right, and Remedies of Agents and Principals.)

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