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I don't think that the hostess is qualified to enter into an agreement on behalf of the establishment.

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I think you are very wrong. I'm a foreigner, though, so I'm not familiar enough with US law to be 100% sure.

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I'm pretty sure that the hostess couldn't order plasma TVs for the restaurant so why should she be able to decide what duties the servers have to perform?

[/ QUOTE ] Every time you buy something you make an agreement with the cashier, and he acts on behalf of the establishment. This is something he is authorized to do. Yet he cannot give his buddies salary raises or pay them salary from the cash register. And he can't order plasma TVs for the store either. Funny how that works.

edit: And if the cashier was not authorized to sell you an item, yet he did and you had every reason to expect he was, the store can't call you and tell you they're coming to take the item back.