mance, notification, obedience, and accounting to their agent. “Section 1(1) of the Restatement (Second) of Agency defines agency as fiduciary relation, which results from the manifestation of consent by one person to another that the other shall act in his behalf and subject to his control, and consent by the other so to act(West’s p.572n).” Greip had a social duty to act for Yamaha’s benefit in any matters relating to business associated with Yamaha. Consistent with this duty of loyalty, Greip had an obligation not to engage in conduct that would jeopardize the best interests of his employer, which he flagrantly avoided when he decided to flash the woman at the table. Yamaha was justified in terminating Greip on the basis of his admission of his conduct that it “was not a big deal”. Under these circumstances Yamaha did not breach the Agreement, so summary judgment was granted on Greip’s breach of contract claim.Greip also did remodeling work on the Yamaha facility in Minnesota, which he bases his unjust enrichment and quantum meruit claims on. Quantum meruit means “as much as he deserves” and is the extent of compensation owed under a quasi contract, or contract implied by law. Greip alleges he is owed extra pay for his services, but “there can be no recovery in quantum meruit where a valid express contract between the parties exists”(LexisNexis). So the written Agreement between Greip and Yamaha voids Greip’s quasi-contractual claim for extra pay of the service of remodeling the facility and as a result, his unjust enrichment and quantum meruit claims fail. Concluding the case, Yamaha’s motion for summary judgment is granted and Greip’s is denied. The impact on how this case affected law was not as great as the impact it had on business. The only questionable motive in this case dealing with law was Greip’s flagrant flashing actions a...
