See the facts of exercise 10.7. Assume that Emily has complied fully with Gaia’s instructions. Emily

See the facts of exercise 10.7. Assume that Emily has
complied fully with Gaia’s instructions. Emily now insists that she is entitled
to (1) a reasonable commission for the sale of the computer system and (2)
reimbursement of the money she spent placing advertisements online. Is Emily
correct?

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Exercise 10.7

Ash’s niece, Gaia, is backpacking overseas. She
unfortunately runs out of money. She telephones her flatmate, Emily, and asks
her to raise some extra money by selling Gaia’s computer system on her behalf.
Gaia tells Emily that she can sell the computer components separately or
together, but that she has to get at least $500 for the lot. Emily is also to
deposit the money into Gaia’s savings account. Two weeks later, Gaia is
surprised to discover that only $250 has been deposited into her account. When
Gaia asks Emily about this, Emily explains that she sold the CPU to one person,
the monitor to another person, and the printer and scanner to a third person;
that she thought she got quite good prices for the CPU and the monitor, but she
only got $50 for the other components; that this is not her fault because she
got her friend Annie to sell them for her; that she couldn’t sell the keyboard
because someone at a party spilt wine all over it and now it doesn’t work
properly; that someone else at the same party stole the mouse; and that she is
not completely sure if the $250 is the right amount, because when she collected
the money from the buyers it ‘kind of got mixed up’ with her own money. Which
duty or duties owed by an agent does Emily appear to have breached?

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