For Your Data Hunter Mining Labs V. Management Assistance Representative Brief Summary
February 03, 2019
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Hunter Mining Labs v. Management Assistance
Facts: Manufacturer (∆) sued past times buyer (∏) of its products for breach of Ks entered into past times 2 of its distributors/dealers, who ∏ alleged to agents of ∆.
Issue: Are distributors agents of Manufacturer in addition to thus ∆ contractually liable?
Holding: The distributors had no authorization to practise a contractual human relationship btwn MAI (∆) in addition to Hunter (∏) or whatsoever other buyer.
· MAI didn’t truly command the way its distributors handled MAI products.
o MAI solely had the types of controls constitute inward typical manufacturer/distributor agreements, such equally keeping appr premises, notifying of changes inward mgmt, updates of #s of installs.
o MAI had no ability to command its distributors concern expenditures, ready client rates, or ask part inward profits.
· There was no fiduciary obligation on business office of distributors (alleged As) to “act primarily for practise goodness of MAI”
o The distributors laid their ain prices in addition to had no duty to concern human relationship to MAI (∆) for prices charged or profits received. They acted at all times independently in addition to inward their ain name.
· Only human relationship betwixt Manufacturer in addition to Distributors were of seller in addition to buyer.
Analysis: For an way human relationship to live on found, the seller must live on selling the goods non equally his ain property, simply equally the belongings of the P, who remains the possessor of the goods in addition to thus has the firght to ready the toll in addition to terms of the sale. The P must have the proceeds from the sale, less A’s commission. One who is acting primarily for his ain practise goodness inward a sale is mostly non considered an A.
o Distributor, Franchisee, Landlord are possibilities equally the excuse human relationship equally an option to the way relationship
§ The inquiry that normally comes upwards is the total of command consistent amongst what the form of concern is. Sometimes they are depending on the facts, jury, etc. General dominion is that they are non agents though.