Question

Kamitra Smith was a catering specialist for TLC Catering, a food service business. TLC's catering specialists were authorized to make catering contracts with customers and to serve food in compliance with those contacts. On behalf of TLC, Smith made a contract with Miller Clandon & Associates, a law firm, to cater a holiday party in Miller Clandon's office. Smith signed a contract that was drafted by Miller Clandon. The contract provided that TLC would be liable for all damages suffered by Miller Clandon and its staff in connection with TLC's performance of the contract. Smith and three other TLC employees catered the Miller Clandon party for TLC.
One of Miller Clandon's staff attorneys slipped on coffee spilled by a TLC employee during the catered party. The attorney sued TLC, arguing that TLC was bound by the contact signed by Smith. Did Smith have express, implied, or apparent authority to sign the contact that imposed liability on TLC?



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  • CreatedJuly 16, 2014
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