Question: true or false with explanation Case 3: TLC Catering (Mallor, 15 Ed., p. 949, No. 2) (Hypothetical - no citation available) Kamitra Smith was a
true or false
with explanation
Case 3: TLC Catering (Mallor, 15" Ed., p. 949, No. 2) (Hypothetical - no citation available) Kamitra Smith was a catering specialist for TLC Catering, a food service business. TLC's catering specialists were expressly 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. 1. Kamitra Smith as the agent of TLC Catering is expressly authorized to make catering contracts with customers to provide food and catering services in compliance with those contracts, and hence she is impliedly authorized to negotiate and approve specific terms in those contracts. 2. Smith cannot be found liable for breach of contract for the catering party, because the identity of the principal, TLC Catering, is fully disclosed. 3. If TLC Catering developed catering contract templates and trained its catering specialists to use them, Kamitra Smith is expressly authorized to make the holiday catering contract with Miller Clandon using those templates, but is not authorized to accept the contract drafted by Miller Clandon. 4. TLC can be found liable to the injured staff attorney even if the injury suffered by the Miller Clandon staff attorney was not caused by the negligence of TLC Catering or one of its employees. 5. Miller Clandon cannot reasonably conclude Kamitra Smith has authority to bind TLC Catering to an indemnification provision covering all damages sustained by Step by Step Solution
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