Abraham instructed Sarah, an auctioneer to sell his house by auction. The sale was subject to a reserve price of Sh. 1 million. Sarah advertised the...

      

Abraham instructed Sarah, an auctioneer to sell his house by auction. The sale was
subject to a reserve price of Sh. 1 million. Sarah advertised the house stating that it was
subject to a reserve price. However, she sold the house to her Sister Mary at Sh.
900,000. Abraham has refused to accept the proceeds and to transfer the house to Mary.
Mary has demanded the transfer of the house by Abraham to her.

Explain the legal position of Abraham, Sarah and Mary.

  

Answers


Maurice
This problem is based on the fiduciary obligations of an agent and the consequences of
breach thereof.

An agent is bound to act in good faith for the benefit of the principal and must avoid
conflict of interest by disclosure of any personal interest in contracts.

In this case, the agent acted contrary to the principals instructions and is guilty of breach of
the fiduciary obligations by selling the house to a relative.


Abraham is entitled to have the house back. In addition he is entitled to sue Sarah in
damages for breach of duty. Mary is entitled to a refund of the amount paid as the sale is
fraudulent as she is deemed aware of the reserved price.
maurice.mutuku answered the question on April 30, 2018 at 06:21


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