Chapter One

1. Define the terms "agent" and "servant" ; show in what way an agent is the same as a servant and in what respects the two differ, and how an agent or servant differs from an independent contractor.

2. A contracts with B, a building contractor, for the erection of a garage on A's land, with the understanding that B shall furnish all necessary material and labor. B employs, among others, C, a painter, and tells him to get all the required paint. C does so and charges the paint to A. Can the seller of the paint hold A on the theory of agency? Is B A's agent for any purpose?

3. What is the meaning of the maxims "qui facit per alium, qui facit per se" and "respondeat superior"?

4. A hotel Co. owning a number of cabs upon which its name is painted enters into contracts called "leases" with drivers whereby the cab drivers shall pay a stipulated consideration per day for the use of the cabs. The cab drivers agree to render service to the hotel guests, and are entitled to keep all fares collected by them. M while riding a bicycle was run down and injured by one of the cabs and the accident also causes injury to a passenger, who is being driven to the hotel. M and the passenger sue the Hotel Co. Can either recover? (MeColligan R. Co., 214 Pa. 229, 6 L. R. A. N. S. 544 and note.)

Chapter Two

5. A employs M. a minor, aged ten years, to buy some goods for him of B upon A's credit. The boy buys the goods and A is charged with the cost. On the way back M engages in play and forgets the goods, leaving them beside the road, where they are stolen. In a suit by B against A for the price of the goods A defends that M had no capacity to act for him. How should the case be decided? Why?

6. May a minor appoint an agent?

7. What is the rule as to the appointment of an agent for purposes that are illegal or opposed to public policy?

Chapter Three

8. P appoints A his agent with power to make a deed to P's real estate, Blackacre, and to enter into a contract for the sale of Whiteacre. A's authority is in writing but not under seal. Under the law a deed to real estate requires a seal, but a contract to make a deed does not require a seal. A puts a seal on both instruments. P seeking to get out of both acts charges that A had no sufficient authority to represent him. Will the deed or the contract stand?

9. Under the statute of frauds requiring contracts to be proved by written memorandum, .may an agent who is duly authorized to make a contract covered by the statute of frauds, make a sufficient memorandum to bind his principal where the principal says nothing about it?

10. What is the authority of a wife to bind her husband?

11. What is the authority of a child to bind his parent?

Chapter Four

12. Define ratification.

13. A of the firm of A and B, bought goods in his own name and for his own personal purposes, as the seller knew. Not having the expected use for such goods he sold them to the firm. The seller learning of this sues A and B for the price and B claims that he cannot be held. The seller claims that B ratified A's act. Is B liable? (Fraser v. Sweet, 13 Manitoba L. Rep. 147, 2 Brit. Rul. Cas. 254.)

14. Does a principal ratify the agent's act by accepting the benefits thereof where he does not know all of the facts, but could ascertain them by diligent inquiry? Do you make any distinctions here?

15. A college authorizes its President to borrow money. In order to accomplish the loan he pledges collateral belonging to the corporation. The corporation knowing what he has done accepts the money, but brings suit to recover the pledged property as having been pledged without authority. Will it prevail? Why?

16. An agent makes a contract in the name of his principal, by whom he represents he is authorized. The third person discovers the agent has no authority and seeks to withdraw, but the principal replies that he authorizes the act. Can the withdrawal be made?

17. Is silence (no benefits being received) in itself ratification?

Chapter Five

18. A authorizes B, a real estate broker, to sell his property on certain specified terms. B procures C, but A refuses to deal with C. On what conditions, if any, can B compel A to pay him a commission?

19. A authorizes B, a real estate broker, to sell his property on certain specified terms. B procures C, with whom A makes a contract of sale. C is, however, financially irresponsible and fails to perform his contract. Is B entitled to his commissions?

20. A advises B, a broker, that he wants to sell his home and directs B to procure him a buyer. No terms are, however, proposed, as A wants to bargain with the prospective buyers. B procures C, who offers A a good price, and A refuses to sell to him. C is ready, willing and able to buy at a good market price. Is B entitled to his commission?

21. Suppose in the case last cited A had accepted C and made terms with him and entered into a contract. Would B be entitled to his commission?

22. P employs A for one year. At the end of six months P discharges A, without proper cause, owing A one month's salary. A sues for the salary due and recovers. Afterwards he sues for breach of contract. Can he recover?

23. An agent is employed for a year at $100.00 per month, payable monthly. He quits in the middle of a month. Is he entitled to recover for his services during previous months, and during the half month ?

Chapter Six

24. W employed J to sell W's property for $3,000, reserving the right to sell himself if he found a purchaser. W entered into negotiations with one H for the sale of the property for $3,300, but H learned that the property was offered for $3,000 by J, whereupon he dropped his negotiations with W and dealt with J. J by a roundabout method sold to H. W now sues for $100 commission retained by J on the ground of breach of faith. Can W recover? (James v. Williams (Nebr.), 20 L. R. A. 207.)