Question One

Kelly is a sales representative for a wetsuit company. On his first day in a new area in Sligo, he walked into ‘The Green Room Surf Shop’ and found Dane behind the counter. Kelly asked if Dane was the owner or manager of the shop. Dane replied that his boss was out for the afternoon, but he was ‘running’ the shop in his boss’s absence.

Kelly offered Dane a cheaper price for a batch of wetsuits if Dane ordered them that day. Thinking that he was securing a good deal for his boss, Dane ordered a sizable amount of stock from Kelly, which Kelly delivered there and then. After Kelly had left the premises, the owner of the shop (Mick) returned and saw the sizeable amount of stock. He asked Dane where it came from and Dane explained how he had ordered it from Kelly. Mick told Dane to “put the wetsuits on display, we may as well sell them now that we have them”.
At the end of the month, when Kelly invoiced Mick for payment for the stock, Mick replied that he was not paying for the wetsuits as he had never authorized Dane to buy stock from anyone. Please advise Kelly as to whether or not The Green Room Surf Shop is legally obliged to pay him for the supply of wetsuits.