Derek Johnson invented a device that can help keep the air passages open if one is at home fighting a Corvid $19$ infection. He wants to build a corporation that will market, produce, and distribute this product nationwide. Before filing the forms to incorporate, Derek signs a contract with Bach Medical, Inc., a regional retailer, to make $5,000$ units for Bach Medical, Co$.$ within $8$ months, signing the contract as "Derek Johnson agent of Corvidair, Inc." Corvidair is subsequently formed as a de jur corporation. The board of directors adopted all previous contracts, so production can begin. Derek begins promoting his invention to investors and hires business professionals who will run the day$-$to$-$day operations. Nine months later, Corvidair, Inc. only has $2,000$ units available for purchase.

Can Derek Johnson be held personally liable for Corvidair,Inc. not delivering the $5,000$ units as promised?

A$.$ No$,$ Derek Johnson was not in charge of day$-$to$-$day operations.

B$.$ No$,$ since Derek Johnson disclosed his agency role, he is protected from personal liability.

C$.$ No$,$ Derek is automatically released from liability when the Corvidair, Inc. board adopts the contracts.

D$.$ Yes, Corvidair, Inc. and Bach Medical Co$.$ did not agree to release promoter Derek Johnson from the preincorporation contracts.

E$.$ Yes, estoppel will hold Derek liable as a disclosed agent who is promoting the product after the corporation is formed.