Agency – Practice Hypothetical’s
Basic Facts: Professor Green hires Helen Brown to sell his usedlaw books for him because they are cluttering up his office. Hesays to her “you have authority to sell certain specified law booksfor $10.00 or more each.” Professor Green gives Helen the key tohis office in order to show people the books and puts up signs allover 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 anycircumstances, my two books on agency law because I can neverremember all the silly rules.
2. Don’t stand on the chair becauseit’s broken.
Hypo 1. Helen sells a corporate book for $25.00. Professor Greenhas forgotten to tell Helen that he also doesn’t want her to sellhis contracts books. Can he get it back?
Hypo 2. Helen takes a second customer into the office and showsher the book selection. However, the dust on the books is so badthat the customer has an asthma attack and runs out. Helen hiressomeone 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 thebook. Can he get it back?
Hypo 5. Helen steps on the chair to reach for a law book to sellit and injures herself. Can she recover any damages for her injuryfrom Professor Green?
