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Digital Technologies Inc Entered into an Agreement with Gray Under

Question 35

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Digital Technologies Inc entered into an agreement with Gray under which Gray agreed to act as Digital's agent for the purpose of finding new offices for Digital.Gray had never done this kind of work before and Digital knew this.He found offices that he believed would be satisfactory to Digital, and Digital entered into a five-year lease.Unfortunately, it turned out that the offices did not have air-conditioning and so could not be used in the summer, making them completely unsuitable for Digital.Gray had forgotten to ask about air-conditioning.Anyone with experience as a real estate agent would have found out about this problem.Which of the following best describes Gray's legal position?


A) Gray breached his fiduciary duty because he failed to act in good faith.
B) Gray probably breached his duty of care by failing to take reasonable care in performing his responsibilities, but Digital may be denied recovery because Digital knew that Gray had no experience in finding office space.
C) Gray did not breach his duty of care, so long as the price was fair for non-air-conditioned offices.
D) Gray did not breach his duty of care because Digital did not specify that it wanted air-conditioned offices.
E) Gray breached his duty of care because he did not obtain the best possible offices for Digital.

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