332 Apparent or Ostensible refers to the appearance of agency based upon a

332 apparent or ostensible refers to the appearance

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3.3.2 Apparent or Ostensible refers to the appearance of agency based upon a representation made a Principal to a Third Party. XYZ never told ACME that Evans is its agent. There was never an instance where XYZ said to ACME for approaching Evans as an agent. IV. Argument Following the argument, we will conclude our submission. 4.1. There is no evidence of a valid contract between XYZ and ACME due to the lacking of 3 (three) essential elements. IV.1.1. There was NOT an intention to create a legal relationship between ACME and XYZ, that is why ACME has signed a contract with Ralph Evans, an independent dealer, in order to purchase new machinery. Therefore, there is NOT a legal relationship between XYZ and ACME. IV.1.2. There is NOT an offer from XYZ to ACME that could implicate in a legal relationship. What indeed happened was an offer made by a
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third party (EVANS) to sell products from his portfolio to ACME. In this case, the promises made by EVANS must be considered as HIS only, and they do not represent any offer from XYZ. IV.1.3. There is NO evidence of XYZ’s acceptance of any offer because the defendant cannot accept an offer that does not exist. All the existing processes of Offer and Acceptance are those directly related to the relationship between EVANS and ACME. Additionally, there is no evidence of the participation of the defendant in the negotiations that occurred between EVANS and ACME.
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