In which one of the following situations will the transaction not be binding on the principal?
A) A salesperson at a men's clothing store has heard a rumor that the store will be going out of business. The boss is out of the store when a customer who has heard the same thing comes in and offers to purchase all of the stock, display cases, and fixtures. The salesperson accepts on behalf of the employer.
B) A real estate salesperson, after disclosing the fact to his client, purchases the house the client is selling for himself.
C) An employee of a flower shop is sent to the flower market every week to make purchases. This week he is told to buy only roses, but he can't pass up a tremendous deal on daisies and purchases a large quantity of them for the store.
D) A chauffeur, going against specific instructions, purchases a new car for his employer. The employer has done nothing to lead the seller to believe the chauffeur has such authority, but is persuaded by the chauffeur to go for a drive before returning the car.
E) A truck driver who is not an agent (no actual, implied, or apparent authority) enters into a contract on behalf of his employer to sell his cargo of ripe tomatoes after the truck breaks down and he can't get hold of the boss.
Correct Answer:
Verified
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