Martha's Best Argument that John is an Agent of Robert (Essay Sample)

Business Law
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Martha's best argument that John is an agent of Robert
The best argument that Martha has been that, John is Roberts's agent in that he sent him on his behalf because he was very busy with other matters at that moment and would be unable to show her any property, but that he would send out one of his men, and that was John. The law of agency deals with a set of quasi-contractual, contractual, and also non-contractual fiduciary relationships that involve a person, who is called an agent, that is entitled to act on behalf of the principal so as to constitute legal connections with a third party CITATION Ric111 \l 1033 (Richardson, 2011). John was sent by Robert to negotiate on his behalf so as to bring Martha into the contractual relationship. The elements she must prove so as to establish this type of agency is the records she signed a purchase offer form that had the name of Robert's firm on the top to prepare the offer. Martha also has to provide the phone call record that she converse with Robert on the agreement to send one of his men who is John CITATION Man11 \l 1033 (Mann, 2011). Martha has a duty to provide a payment copy the she used to check in the amount of $45,000 payable to him as an earnest money deposit on the purchase offer and told Martha that he would hold the check in the real estate office until the seller's accepted Martha's offer.
Whether Sam had fiduciary duties to Mike
Sam had fiduciary duties to Mike because he was hired for his expertise in real estate development and was given unrestricted access to all the diverse information known to the plaintiff about these projects. Fiduciaries may not profit from their contractual relationship with their employers unless they have the principals' specific informed consent CITATION Cav141 \l 1033 (Cavitch, 2014). Fiduciary also have a duty to avoid any particular conflicts of interest that may arise between their principals and themselves and other clients. Sam engaged himself in the purchase of the property under SG Corporation which is considered to be a breach of fiduciary as he was not entitled to. Sam was encouraged to transact with the third parties for any services and also to evaluate the properties for potential sales and this was this was a virtual partnership between Mike and Sam CITATION Ric111 \l 1033 (Richardson, 2011).