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TENTATIVE DRAFT 6, QUESTIONS SUGGESTED FOR DISC. [i] (May 7-9, 1931)

handle is hein.ali/relagcy0078 and id is 1 raw text is: The American Law Institute AGENCY TENTATIVE DRAFT No. 6 Questions Suggested for Discussion at Ninth Annual Meeting May 7-9, 1931 Discussion is not confined to the questions pre- sented here. You are earnestly requested to raise any further points which occur to you. 1. If an agent makes a contract with a third per- son in his own name but for the benefit of the prin- cipal, and thereafter assigns the contract to a bona fide purchaser, should the principal or the purchaser be preferred? (Sections 524 and 531F.) 2. Should rescission be granted to a person who has entered into a contract with an agent for an un- disclosed principal where the agent has not revealed the existence of the principal because ie knows that the other party would not have dealt with the prin- cipal if he had known the facts? (Section 528.) 3. What should be the liability to the other party of an agent who contracts for an infant or other par- tially incompetent principal? (Section 555.) 4. Where an agent has received something on be- half of his principal, and the transaction is avoided either for initial fraud or for a subsequently arising cause, should the agent be subject to liability to re- turn what lie has received? (Sections 562 and 563.) Where a contract with an agent for an undisclosed principal has been rescinded because of mistake, should

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