YOU BE THE JUDGE WRITING PROBLEM Sara Kearns went to an auction at Christie’s to bid on a tapestry...

Question

YOU BE THE JUDGE WRITING PROBLEM Sara Kearns went to an auction at Christie’s to bid on a tapestry for her employer, Nardin Fine Arts Gallery. The good news is that she purchased a Dufy tapestry for $77,000. The bad news is that it was not the one her employer had told her to buy. In the excitement of the auction, she forgot her instructions. Nardin refused to pay, and Christie’s filed suit. Is Nardin liable for the unauthorized act of its agent? Argument for Christie’s: Kearns executed a bidder form as agent for Nardin. This is a common practice for many purchasers. Christie’s cannot possibly ascertain in each case the exact nature of the bidder’s authority. Whether or not Kearns had actual authority, she certainly had apparent authority, and Nardin is liable. Argument for Nardin: Kearns was not authorized to purchase the Dufy tapestry, and therefore Christie’s must recover from her, not Nardin.

Tanmoy · Accepted Answer

JUDGE WRITING PROBLEM
Table of Contents
Introduction	3
Analysis	3
Conclusion	3
References	4
Introduction
In maximum cases, the agent is not accountable for entering into any agreement. In such cases it is the principal who is liable for such acts. Hence, in such circumstances, it will be the agent who will be held responsible if there is any information partially revealed, if there is any lack of authorization and if the agent who entered in the transaction is of specific capacity. 
Analysis
Therefore, until the principal displayed any forms of improper behaviour, the principal will be not accountable for this event.

YOU BE THE JUDGE WRITING PROBLEM Sara Kearns went to an auction at Christie’s to bid on a tapestry for her employer, Nardin Fine Arts Gallery. The good news is that she purchased a Dufy tapestry for...

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