Liable for the contract for the cow and under what theory

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Reference no: EM132184618

Tom, a breeder of livestock, lives in Anytown, USA. Tom is knowledgeable about cattle but had limited means. He is, however, friendly with Ann Melon, a wealthy widow who fancies fine animals. On one or two prior occasions, Tom has purchased cattle for Ann. While visiting his friend Jack, who raises cattle in Yahoo, Virginia, Tom saw some fine specimens. Purporting to act for Ann Melon (but without any authority from her), Tom contracted to buy from Jack three bulls for the sum of $25,000. Later that same day, Tom also agreed on behalf of Ann Melon to buy from Jack a cow for the sum of $5,000. Tom paid $1,000 down on each purchase and signed each sales agreement, “Tom, Agent for Ann Melon.”

When Tom returned to Abingdon, he told Ann of his actions, explaining that he thought he had found some good buys for her. Ann was less than enthusiastic. She had no interest in the three bulls, but agreed to buy the cow for $5,000. Tom relays the news to Jack. Upset about the series of events, Jack comes to you and asks whether he can hold Ann liable for the agreements made by Tom. What will you tell Jack?

Please explain :

The difference in actual authority, apparent authority and ratification

Whether there are two separate contracts

Whether Ann is liable for the contract for the cow and under what theory

Whether Ann is liable for the contract for the bulls and under what theory.

Reference no: EM132184618

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