For Your Data Botticello V. Stefanovicz Representative Brief
December 01, 2020
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Botticello v. Stefanovicz
i. Facts – Botticello agreed alongside Walter Stefanovicz to lease belongings that he owned every bit tenants inwards mutual alongside his wife, in addition to the lease contained an selection to purchase. Botticello thinks he has bought a rent-to-own lease, but this is exclusively the illustration if Stefanovicz had authorisation to human activity every bit an agent for his married adult woman in addition to select her involvement inwards the property. Court held that the married adult woman did non ratify the understanding in addition to that Walter lone was liable.
ii. Elements of Agency Relationship – Rest. (2d) of Agency § 1.
1. A manifestation yesteryear the primary that the agent volition human activity for him.
2. Acceptance yesteryear the agent of the undertaking.
3. An understanding betwixt the parties that the primary volition live on inwards command of the undertaking.
iii. Burden of Proof – Plaintiff; preponderance of the evidence.
1. Neither marital condition nor mutual ownership of state is sufficient inwards in addition to of itself.
iv. Ratification – Affirmance yesteryear a individual of a prior human activity which did non bind him but which was done or professedly done on his account. Requires credence of the results of the human activity alongside (1) an intent to ratify in addition to (2) full cognition of all the fabric circumstances.
1. Somewhat of an equitable doctrine.
2. “Before the receipt of benefits may establish ratification, the other requisites for ratification must kickoff live on present. Thus if the master transaction was non purported to live on done on concern human relationship of the principal, the fact that the primary receives its proceeds does non brand him a political party to it.”
3. Existence of an way human relationship is a prerequisite to ratification. (Prior human activity must live on “done or professedly done on his account.”)
4. Requires to a greater extent than than passive acquiescence.
5. Wife did non select her knowing credence of all of the damage of the agreement.
6. By the fourth dimension of ratification, nosotros must know (1) that the married adult woman has amount cognition of the damage of the understanding in addition to (2) that her behaviour is uniquely responsive to her credence of the agreement, i.e., her behaviour cannot live on explained inwards simply about other way.
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