IRAC method to advise Bernardo
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Questions:
Q 1.
Bernardo is a convenience store owner. He purchases various supplies from a wholesaler named Tiko Ltd. The account manager at Tiko Ltd is an authorised agent named Veronika. Bernardo emails Veronika a new order for supplies. He receives an automatic out of office reply from her explaining she is on leave until next week but urgent orders can be arranged with Erika, another Tiko Ltd authorised agent. Bernardo contacts Erika and they enter a contract together for the supplies. He is surprised by how cheap the contract price is.
A week later Veronika calls Bernardo and explains that Erika messed up the pricing. Bernardo points out that Erika signed a contract on behalf of Tiko Ltd that the company is now bound to honour. Veronika argues that Erika did not have actual authority to act as an agent on behalf of Tiko Ltd so the contract is not binding. Bernardo feels cheated because Veronika held out in her email that Erika was an authorised agent.
Use the IRAC method to advise Bernardo whether Erika had ostensible authority to act as an agent on behalf of Tiko Ltd.
Q 2.
Andre is a partner of the accounting firm Schulich Partners. He is unhappy with the income he earns from the partnership and decides to set up his own accounting practice on the side to generate additional revenue. He does not tell the other partners of Schulich Partners about his separate business. He markets his separate accounting practice to clients of Schulich Partners and even holds business meetings with these clients and others in his office at Schulich Partners. Andre lies to the other partners whenever they question him about these activities.
Now the other partners of Schulich Partners want to take legal action against Andre for breaching his fiduciary duties.
Use the IRAC method to advise Andre whether he has breached his fiduciary duties as a partner of Schulich Partners.
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