Govinder instructs his employee Subash to bid on his behalf at a classic car auction for a 1956 vintage Mercedes. He instructs Subash to ʻin no circumstances bid more than $80,000. Subash attends the auction and successfully bids $90,000 for the Mercedes. Another bidder then offers Subash $91,000 to buy the car. Who is liable to pay the $90,000 and why? Can Subash take any action to avoid liability?

SWFT Comprehensive Vol 2020
43rd Edition
ISBN:9780357391723
Author:Maloney
Publisher:Maloney
Chapter26: Tax Practice And Ethics
Section: Chapter Questions
Problem 7DQ
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Govinder instructs his employee Subash to bid on his behalf at a classic car auction for a
1956 vintage Mercedes. He instructs Subash to ʻin no circumstances bid more than $80,000.
Subash attends the auction and successfully bids $90,000 for the Mercedes. Another bidder
then offers Subash $91,000 to buy the car.
Who is liable to pay the $90,000 and why? Can Subash take any action to avoid liability?
Transcribed Image Text:Govinder instructs his employee Subash to bid on his behalf at a classic car auction for a 1956 vintage Mercedes. He instructs Subash to ʻin no circumstances bid more than $80,000. Subash attends the auction and successfully bids $90,000 for the Mercedes. Another bidder then offers Subash $91,000 to buy the car. Who is liable to pay the $90,000 and why? Can Subash take any action to avoid liability?
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