Asked by James Acsayan on May 01, 2024
Verified
Which of the following is the most likely result if Kumar sues Melanie for the $300 paid to Rick?
A) Kumar will lose.
B) Kumar will win because an agent has an implied right to obtain help.
C) Kumar will win only if he can establish by a preponderance of the evidence that he acted reasonably.
D) Kumar will win unless Melanie can establish beyond a reasonable doubt that he acted unreasonably.
E) Kumar will lose only if Melanie can establish that Rick is incompetent to deal in real estate.
Implied Right
A right that is not explicitly stated but is considered to exist due to its necessity or because it is not forbidden.
Preponderance of the Evidence
A standard of proof in civil cases, requiring that the evidence shows that something is more likely to be true than not.
Lakeside Property
Real estate located adjacent to or near the shore of a lake, often sought after for its scenic views and recreational opportunities.
- Recognize the legal consequences of actions taken by agents on behalf of principals.
- Describe the rights and obligations of principals and agents regarding compensation and reimbursement.
Verified Answer
RJ
Ramzie JonesMay 02, 2024
Final Answer :
A
Explanation :
Kumar will likely lose if he sues Melanie for the $300 paid to Rick because as an agent, he breached his fiduciary duty to Melanie by purchasing the property for himself instead of for Melanie, which was the purpose of their agreement. This breach of duty undermines any claim he might have for reimbursement of expenses incurred while acting in that capacity.
Learning Objectives
- Recognize the legal consequences of actions taken by agents on behalf of principals.
- Describe the rights and obligations of principals and agents regarding compensation and reimbursement.