ADMS 2610 Lecture Notes - Lecture 33: Overcoat, Property Law, Apparent Authority

• School: York University
• Department: Administrative Studies
• Course: ADMS 2610
• Professor: Joshua Sera

Document Summary

Lecture notes session ten sale of goods, consumer. One cause of the action would be against the agent for breach of warranty of authority to sell the property. The case, however, concerns the question of the seller"s ability to ratify the contract, and this issue should be discussed as well, since the buyer"s action would only arise if the principal refused to proceed with the transaction. For the latter, the rules for ratification should be reviewed, and the question of whether the principal could satisfy them should be determined. (see: text p. 274). This question is discussed on text: 274. If the case is viewed as a situation where the principal has refused to ratify the agreement, then the question of the agent"s authority becomes a key issue. If the agent had the authority to sell the property at the time of first negotiation with the buyer, then the buyer would be aware of the agent"s authority.