- Arts & Culture 6471
- Books in Foreign Languages 149
- Business & Economics 4476
- Computers 2198
- Dictionaries & Encyclopedias 635
- Education & Science 96978
- Abstracts 1173
- Astrology 12
- Astronomy 13
- Biology 34
- Chemistry 4129
- Coursework 4205
- Culture 30
- Diplomas 2585
- Drawings 1488
- Ecology 29
- Economy 342
- English 1173
- Entomology 2
- Ethics, Aesthetics 23
- For Education Students 26203
- Foreign Languages 115
- Geography 19
- Geology 17
- History 314
- Maps & Atlases 36
- Mathematics 14526
- Musical Literature 7
- Pedagogics 232
- Philosophy 190
- Physics 15878
- Political Science 126
- Practical Work 142
- Psychology 468
- Religion 45
- Russian and culture of speech 101
- School Textbooks 69
- Sexology 68
- Sociology 48
- Summaries, Cribs 723
- Tests 21050
- Textbooks for Colleges and Universities 531
- Theses 199
- To Help Graduate Students 23
- To Help the Entrant 114
- Vetting 423
- Works 58
- Информатика 15
- Engineering 3373
- Esoteric 951
- Fiction 3317
- For Children 382
- House, Family & Entertainment 2511
- Law 2789
- Medicine 1153
- Newspapers & Magazines 344
- Security 274
- Sport, Tourism 1000
- Website Promotion 654
Vasiliev, a sales agent for a company that sells comput
Refunds: 0
Uploaded: 15.11.2018
Content: S18-218.docx 15,89 kB
Product description
Vasiliev, a sales agent for a company that sells computers, signed an agreement on behalf of the company for the supply of four computers to a joint stock company. Since the computers were not delivered within the stipulated contract period, the JSC filed a lawsuit with the court of arbitration for the recovery of the penalty provided by the contract, the return of funds transferred to the company as a prepayment, as well as a remuneration paid to Vasilyev, equal to 0.3% of the amount of the transaction. In the response to the claim, the company indicated that it was ready to return the funds transferred to its AO, but she does not intend to pay the penalty and reimburse the remuneration paid to Vasilyev. The company´s position was based on the fact that the contract for the supply of computers concluded by Vasilyev was invalid, because Vasilyev, like all other sales agents of the company, was authorized only to search for potential computer buyers and negotiate with them, but not to sign any contracts . As for the remuneration paid to Vasilyev, the company has nothing to do with it, since it itself pays commissions to its sales agents on each transaction concluded with their help. During the trial, it turned out that, firstly, Vasilyev was not registered as an entrepreneur, and, secondly, an agreement was signed between him and the joint stock company, according to which Vasilyev was assigned to search for computers necessary for AO at a price lower than the market price with payment remuneration in the amount of 0.3% of the transaction amount.
How to resolve the dispute? Can Vasiliev be considered as a commercial representative? Will the solution of the problem change if the company has already installed one computer?
Additional information
After payment you will be available a link to the solution of this problem in the file of MS Word. It should be noted that the problem solutions put up for sale were successfully handed over in the period 2003-2018 and could be outdated. However, the general algorithm will always remain true.