Question

Agency – Practice Hypothetical’s

Basic Facts: Professor Green hires Helen Brown to sell his used law books for him because they are cluttering up his office. He says to her “you have authority to sell certain specified law books for $10.00 or more each.” Professor Green gives Helen the key to his office in order to show people the books and puts up signs all over campus which say:

USED BOOKS FOR SALE

Professor Green has Used Law Books for Sale

Price is Negotiable

See Helen Brown for further details

Professor Green also tells Helen the following:

1. Don’t sell, under any circumstances, my two books on agency law because I can never remember all the silly rules.

2. Don’t stand on the chair because it’s broken.

Hypo 1. Helen sells a corporate book for $25.00. Professor Green has forgotten to tell Helen that he also doesn’t want her to sell his contracts books. Can he get it back?

Hypo 2. Helen takes a second customer into the office and shows her the book selection. However, the dust on the books is so bad that the customer has an asthma attack and runs out. Helen hires someone to come in and clean the books and runs a bill of $25.00. Does Professor Green have to pay the bill?

Hypo 3. Helen takes a customer into the office and is offered $1,000.00 for the agency book. She is excited about the amount and, forgetting what Professor Green told her, sells it to the customer. Can Professor Green get it back?

Hypo 4. Helen sells Professor Green’s old corporations book for $5.00 and, getting angry, he demands that the customer return the book. Can he get it back?

Hypo 5. Helen steps on the chair to reach for a law book to sell it and injures herself. Can she recover any damages for her injury from Professor Green?

Answer 1

1. In this case professor Green will not be able to get his book back . It will stay in hands of whomever bought the book because Helen acted in the best interest of professor Green in accordance with the rules that professor Green gave her to follow.

2. Yes , due to professor Green's duty to provide a safe working environment for Helen and the customer he will have to pay the bill to clean up the books. Clearly the condition in the office were dangerous and a customer suffered an asthma attack and it is professor Green's duty by law to keep condition favourable .

3. In this case Professor Green is entitled to regain his possession. He will regain the book because Helen sold the book even though Professor Green gave specific instructions not to do so. Helen will be held accountable for her mistakes and Professor Green will get his book back.

​​​​​4.No, professor Green cannot get the book back . It is Green's duty to create guidelines for his agent and he would have been more clear to Helen to the fact that he did not want the corporation book to be sold for $5.00. We can calculate the damage in the situation , the difference between the price sold and the price she was supposed to pay. The purchaser didn't have any obligation to return the book , it said "price negotiable"

5. No , Helen cannot retrieve any damages for her injury from professor Green . He specifically told her not to stand on the chair and they had an agreement that she would not do so.