Petunia is in the business of selling flower bulbs. Petunia’s sales agent is Ast
ID: 2524969 • Letter: P
Question
Petunia is in the business of selling flower bulbs. Petunia’s sales agent is Astilbe. While sales agents generally warrant the quality of the goods they sell, Petunia specifically told Astilbe not to make any warranties on the bulbs she sells. Further, Petunia wrote each of her customers to inform them of this policy. About two months later, Astilbe made a prohibited warranty in order to sell Tulip 1,000 Gladioli bulbs. Tulip was an established customer who knew that Astilbe was acting on Petunia's behalf and who also had been informed of Petunia’s warranty policy, but who honestly forgot about the policy while dealing with Astilbe and truly thought Astilbe had authority to make the warranty. Is Petunia contractually liable to Tulip here? Is Astilbe liable to Tulip
Explanation / Answer
Answer
Attila is a sales agent of Petunia, who has been specifically told from Estilbe that there will be no warranty on the products sold. Petunia told all customers about this new policy. Two months later, Estilabe made a prohibited warranty for a large sale, the customer thought that Asibi had the right to do so when he knew about his warranty policy.
In this case, Petunia would be contractually contractually responsible for tulip because Asbill was working as a Patinius agent and therefore had the right to enter the agreement and even modify it on behalf of Petunia. Astilbe would not be liable for tulips because Astilbe was acting within the scope of his rights, thus the rule of giving better answers would apply.
Petrunia will be liable for tulip in this case "An employer is acting within the scope of his officers, when his employees or agents are liable for conduct of harassment."