Question

Newsday Magazine hired Amy, a freelance journalist, to write an article concerning the life of the average Iraqi citizen during the reign of Saddam Hussein. Newsday paid for Amy to travel to Iraq to interview several people for the article. Unfortunately, Amy did not speak Arabic, and her interviewees did not speak English--facts of which Newsday was aware. As a result, Amy hired Uday, an Arabic interpreter, to act as a translator for the interviews. Initially, Uday did not know about Amy's involvement with Newsday. After Uday completed his services, Amy told Uday that her article would be published in Newsday Magazine and that Newsday would pay Uday's fees. Later, Uday submitted a bill to Newsday for his fees. Newsday refused to pay Uday's bill, claiming that Amy had no authority to hire him. Assume that the common law of the United States applies. What is the likely result of an action that Uday brings against Newsday?

A. Uday will prevail because Amy had actual implied authority to hire him.

B. Uday will prevail because Amy had apparent authority to hire him.

C. Newsday will prevail because Amy was only an independent contractor and therefore was not an agent of Newsday.

D. Newsday will prevail because Newsday was undisclosed to Uday at the time Amy hired him.

Answer 1

Newsday will likely prevail because Amy was an independent contractor, not an agent of Newsday. The correct answer is D. Newsday will prevail because Newsday was undisclosed to Uday at the time Amy hired him.

Step-by-step explanation:

The likely result of an action that Uday brings against Newsday would depend on the principles of agency law. In this scenario, the key consideration is whether Amy had the authority to hire Uday on behalf of Newsday. If Uday can establish that Amy had actual or apparent authority to hire him, then option A or B may apply. However, if Newsday can successfully argue that Amy was acting as an independent contractor without the authority to hire on their behalf, option C becomes relevant. The issue of Newsday being undisclosed at the time of hiring (option D) might impact the outcome, but the determination of authority is crucial in resolving the legal dispute.

Therefore, the correct answer is D. Newsday will prevail because Newsday was undisclosed to Uday at the time Amy hired him.