BALW20150 Chapter Notes - Chapter 33: Implied Warranty, Negotiable Instrument
6 Jan 2019
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Chapter 33 notes: authorized acts, undisclosed principal: Undisclosed principal was expressly excluded as a party in the written contract: 2. Contract is a negotiable instrument signed by agent with no indication of signing in a representative capacity: 3. Performance of the agent is personal to the contract, thus allowing the third party to refuse the principal"s performance: unauthorized acts, if agent has no authority, but nevertheless contracts with a third party, the principal. Cannot be held liable on the contract: does not matter whether the principal was disclosed, partially, or undisclosed, agent is liable, implied warranty: If principal is disclosed or partially, and agent contracts with a third party. Without authorization, agent is liable to the third party: liability is based on his breach of the implied warranty of. If auber makes a contract with olaf, she impliedly warrants that she has the authority to enter into a sales contract on behalf of pinnell.
