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Tractor Talk Discussion Board

Re: Mike, John T Dealing with someone charging stuff to you???


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Posted by John T on July 28, 2013 at 10:20:55 from (216.249.76.176):

In Reply to: Mike, John T Dealing with someone charging stuff to you??? posted by jocco on July 28, 2013 at 06:58:33:

Jocco, Well "you asked for it" so here are my free of charge (just what its worth) non researched yet still professional (based ONLY on my old hard drive memory cells lol) legal opinions.

"Nut shell versions, Guy works for you and charges fuel or parts in your name. (you get bill or call from the dealer and you did not know about it)"

This comes under the legal doctrines of Master Servant and Agency (first law course I took). heres what the "black letter law" says as I best recall: I'm sorta throwing Master Servant and Agency Law together here and thats NOT exactly all correct, but good enough for free chat board chit chat, youre welcome to take it or leave it.....

An Agent/Servant (that dude who works for you) has the authority to BIND the Principal/Employer (thats you). So if he, while acting within the scope and authority of his employment, makes a purchase of a product normally used in your business and all appears reasonable to the poor schmuk who made the sale YOU ARE PROBABLY LIABLE TO PAY FOR THE GOODS and if fraud or theft was involved, your action would be most likely (theres always exceptions Billy Bob) against the Dude NOT the store.......

2. "You help another farmer some and he gets a shipment of fertilizer/chemicals form the supply company and it gets put on your account or bill, deliverd to other fellow"

You are most likely (subject to exceptions of course) NOT liable for goods you didnt order or for those another person got the benefit from. There are laws of "unjust renrichment" or "quasi contract' where if you without notice mistakenly received goods and benefited from them, you could, however, be liable for payment.

AS ALWAYS these legal questions are likely more accurate (of course, theres always exceptions) if answered by trained competent professional Attorneys versus lay persons.

John T Country Lawyer


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