金融市场与机构案例.pptVIP

* * * Chapter 10 Law of Agency * Warming-up Exercise - A case analysis Albert is the manager of a supermarket owned by Bertha. In January Bertha told Albert not to buy any biscuits(饼干) from a new company, Crunch Co, because she has heard that their products are of a poor quality. * In February, Smooth, a representative of Crunch Co, visited the supermarket and met with Albert. Smooth was not aware of Bertha ‘s instructions to Albert. After the meeting and a very persuasive sales pitch(推销方式) from Smooth, Albert ordered ￡100 worth of biscuits from Crunch Co. * Later that day Bertha discovered the order Albert had placed with Crunch Co and confronted Albert . An argument ensued (followed) and Albert resigned. * The following day, Albert went to Drinkit Ltd, Bertha ‘s regular supplier of alcohol, and purchased six cases of whisky on credit in Bertha ’s name. He then absconded (ran away) with the whisky. * A Case If you are at a restaurant and your waitress tells you that she can give you a free beverage(饮料) if you pay for an entrée(主菜), she has made a contract with you on behalf of the business by which she is employed. It is implied that she is given the authority to do so by the fact that she is the sole employee of the business who has been designated to complete a transaction with you. * Continuing the scenario, suppose that a manager were to come to your table and inform you that your waitress has made a mistake; that the free beverage w/ paid entree offer has expired and that you will be expected to pay for your beverage. At this point the business is in direct violation of a legally enforceable contract made between you, the client, and their employee. * They may penalize the employee for the mistake, but Implied Authority of Contract places them under a legal obligation to honor the terms of the agreement. * Apparent/Ostensible Authority (表见授权). Apparent authority is a term used in the law of agency to describe a situation in which a P leads a TP