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t3 -Chpt 33 &34 quiz
Kubasek Chapter 33 $ 34 Quiz
| Question | Answer |
|---|---|
| In an agency relationship, the __________ is authorized to act for and on behalf of the __________, who hires the __________ to represent him/her | Agent, principle, agent |
| ___________ agency is agency by agreement | Expressed agency |
| A __________ power of attorney is a written document, created by a principal, expressing his or her wishes for an agent's authority not to be affected by the principal's subsequent incapacity | Durable |
| An __________ is formed when a principal leads a third party to believe that another individual serves as his/her agent, but the principal had made no agreement with the "so-called" agent. Also called Apparent agency. | Agency by estoppel |
| Which of the following are requirements for agency by ratification? | An individual must misrepresent himself/herself as an agent for another party The principal must have incomplete knowledge of all material facts regarding the contract The principal must accept the entirety of the agent's act |
| A(n) __________ is a person who contracts with another to do something for him/her, but who is not controlled by the other nor subject to the other's right to control with respect to his/her physical conduct in the performance of the undertaking | Independent contractor |
| Which of the following are characteristics of an independent contractor? | The worker engages in a distinct occupation or an independently established business The work is done by a specialist, without supervision in completing the work A great deal of skill is required for performance of the work |
| Under the duty of __________, the agent must follow the lawful instruction and direction of the principal | Obedience |
| The principal-employer holds __________ liability, or liability assigned without fault, for any harm caused by the agent-employee during the time the agent-employee is working for the principal | Vicarious |
| elements considered by the courts determining within the "course and scope" of employment? | Did the employer authorize the employee's act? Did the act occur within the time and space limits of employment? Was the act performed, at least in part, on behalf of the employer? To what extent were the employer's interests advanced by the act. |
| If an agent makes a(n) __________ departure from the course of the employer's business, the employer is not liable | Substantial |
| If a third party is able to establish employee negligence such that the employer is liable, the employer can recover from the employee any damages he paid to the third party; such right to recover damages is referred to as the right of __________ | Indemnification |
| If the principal authorizes the agent to engage in an act and the agent misrepresents herself intentionally or unintentionally, the principal is __________ liable in tort to someone who relied on the agent's misrepresentation | Always |
| Which of the following occurrences that will terminate an agency relationship? | Lapse of time Fulfillment of purpose Mutual agreement by the parties Death, Insanity, Bankruptcy |
| Which of the following is classified as termination by "operation of law?" | Bankruptcy |
| Which of the following is classified as termination by "acts of the parties?" | Revocation of authority |
Created by:
tinafici
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