[Overstock] Mark owns an electronic resale store. Before Mark left for the weekend, he told Charlie, an employee, not to purchase any more compact discs (CDs) from customers because they were already having a difficult time selling the ones they had in stock. While Mark is gone, Charlie forgets Mark's instructions and buys nine CDs from customers.
-What if instead of Mark directing Charlie not to buy any CDs he said, "I don't think it is a good idea to buy CDs because we cannot sell the ones we have in stock." Charlie still purchased nine CDs from customers. Would Charlie be liable to Mark?
A) No, because Mark did not put his requirement in writing.
B) No, because Mark cannot control every aspect of Charlie's work performance.
C) No, because Mark's statement was merely advisory and not mandatory.
D) Yes, because Charlie did not follow Mark's instructions.
E) Yes, because Charlie should have known it was not in Mark's best interests to purchase more CDs when they have a massive overstock.

Question

Quizplus · Accepted Answer

Mark's statement, framed as an opinion rather than a direct order, suggests that Charlie had discretion in the decision, making the directive seem advisory rather than mandatory.

[Overstock] Mark Owns an Electronic Resale Store