About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline



TENTATIVE DRAFT 6, QUESTIONS SUGGESTED FOR DISC. [i] (May 7-9, 1931)

handle is hein.ali/relagcy0078 and id is 1 raw text is: The American Law Institute
AGENCY TENTATIVE DRAFT No. 6
Questions Suggested for Discussion at
Ninth Annual Meeting
May 7-9, 1931
Discussion is not confined to the questions pre-
sented here. You are earnestly requested to raise any
further points which occur to you.
1. If an agent makes a contract with a third per-
son in his own name but for the benefit of the prin-
cipal, and thereafter assigns the contract to a bona
fide purchaser, should the principal or the purchaser
be preferred? (Sections 524 and 531F.)
2. Should rescission be granted to a person who
has entered into a contract with an agent for an un-
disclosed principal where the agent has not revealed
the existence of the principal because ie knows that
the other party would not have dealt with the prin-
cipal if he had known the facts? (Section 528.)
3. What should be the liability to the other party
of an agent who contracts for an infant or other par-
tially incompetent principal? (Section 555.)
4. Where an agent has received something on be-
half of his principal, and the transaction is avoided
either for initial fraud or for a subsequently arising
cause, should the agent be subject to liability to re-
turn what lie has received? (Sections 562 and 563.)
Where a contract with an agent for an undisclosed
principal has been rescinded because of mistake, should