If Terry mistakes Mr Hall for a sales clerk and He helps her pick out a suit and she gives him money. Then he pockets the money and leaves is the store responsible? does the store have to honor the sale?
No, because the the store did not create a situation that led her to assume that Hall was a sales clerk.
Check out page 416 in your Business Law book/
I just got my test results back and the answer I posted above is incorrect. Here is the right answer:
Yes. In this situation Hall had the apparent authority to sell the suit. In effect, by opening the store, the store is communicating to costumers that salespersons will be present to help them. If the store fails to exercise due care in policing the sales area, then the store would be estopped from denying the imposter's authority. Of course, Hall has committed fraud and theft and would be open to criminal persecution for his actions. Hall is also liable in tort to the store for conversion. See page 405 of the Business Law book.
In this scenario, there seems to be a case of mistaken identity and a potential miscommunication between Terry and Mr. Hall, who she mistakenly believes to be a sales clerk. Whether or not the store is responsible for the situation and whether they have to honor the sale would depend on a few factors, such as store policies and relevant laws in the jurisdiction where the incident occurred.
To get a definitive answer, it would be best to consider the following steps:
1. Review store policies: Start by consulting the store's policies regarding sales, returns, and customer service. These may be available on the store's website, in-store signage, or through customer service channels. Look for specific guidelines on mistaken purchases, returns, and employee conduct.
2. Gather evidence: Collect any evidence that could support your case, such as receipts, timestamps, surveillance footage, or witness statements, if available. This evidence can help establish the sequence of events and provide a clearer understanding of what transpired.
3. Contact the store: Reach out to the store's customer service department or management to explain the situation. Provide them with a detailed account of what happened and any evidence you have gathered. Seek clarification on their policies and inquire about potential solutions or resolutions.
4. Understand legal rights: It may be helpful to consult local consumer protection laws or seek legal advice to ascertain your legal rights and the store's obligations in this situation. Laws can vary depending on the jurisdiction, so it's important to understand the relevant laws that might affect the outcome.
Remember, this response is general guidance, and it's always advised to seek professional legal advice or consult consumer protection authorities for specific situations or legal inquiries.