Legal Question in Business Law in Pennsylvania

Generally, a business owner would be liable to pay for the purchase through what the law calls agency theory. SEE http://legal-dictionary.thefreedictionary.com/Respondeat+superior

However, that may depend on whether your secretary within the course and scope of her duties had the authority to make such purchases. That is a fact dependent analysis. You have to question whether she historically make these types of purchases, whether there an unwritten understanding between you and her to do so etc.

If your secretary acted outside the scope and course of her employment, you may not be liable. That precept is known as a "frolic and detour" under Common law when servants committed acts against kings and queens.

David M. Kaplan, Esquire

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