BLAW 372 Chapter 32 – Flashcards
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A familiar example of an agent is the owner of a corporation.
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False
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Agency relationships do not permeate the business world.
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False
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The term fiduciary is at the heart of agency law.
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True
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Through agents, a principal can conduct only one business operation at a time.
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False
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If work is usually done under the employer's direction, this indicates independent-contractor status.
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True
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If a great degree of skill is required, this may indicate that a person is an employee hired for a specialized job and not an independent contractor.
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False
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Whether a worker is an employee or an independent contractor has no effect on the employer's liability for the worker's actions.
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False
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Employers can avoid certain tax liabilities by hiring independent contractors instead of employees.
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True
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Any copyrighted work created by an employee within the scope of his or her employment at the request of the employer is a "work for hire."
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True
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An agency agreement can be implied by conduct.
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True
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An agency relationship created for a purpose that is contrary to public policy may still be enforceable.
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False
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A person must have contractual capacity to be an agent.
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False
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Ratification involves a question of intent, and intent can be expressed only by words.
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False
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An agency by estoppel arises when the principal's actins have created the appearance of an agency that does not in fact exist.
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True
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Generally, the law assumes that the principal is aware of any information acquired by the agent that is relevant to the agency.
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True
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An agent can represent two principals in the same transaction as long as neither of them knows about it.
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False
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Even during emergency situations, when the principal cannot be consulted, the agent may not deviate from the principal's instructions without violating the duty of obedience.
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False
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A principal has a duty to cooperate with the agent and to assist the agent in performing his or he duties.
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True
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The agent has the right to be compensated, to be reimbursed and indemnified, and to have a safe working environment.
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True
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Anything that an agent obtains by virtue of the employment or agency relationship is his or hers to keep.
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False
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Jewelry & Coin Company hires Kelly Ann to buy gems and precious metals from various sources on its behalf. In this relationship, Jewelry & Coin is a. an employee. b. an independent contractor. c. a principal. d. an agent.
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C. A Principal
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California Produce Company hires Drew to work on California Produce's shipping dock, checking outgoing loads and dispatching the company's drivers. With respect to California Produce, Drew is most likely a. an agent. b. an independent contractor. c. a principal. d. a work for hire.
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A. An Agent
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Elaine owns the Fabric & Yarn store. Goldie is a salesperson in the store. When Goldie makes a sale to Heather, the sale is binding on a. Elaine. b. Goldie. c. Fabric & Yarn only—and only if Elaine is present at the sale. d. no one.
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A. Elaine
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Margo works as an administrator and receptionist in Neon's Garage Door Store. Neon withholds federal taxes from Margo's pay, and controls the methods and details of the performance of her work. Margo is not au¬thorized to modify the prices or other terms of a sale at the store. Omar installs Neon's Garage Door products at the buyers' locations. Refer to Fact Pattern 32-1B. Neon authorizes Omar to sell garage door upgrades and accessories at the buyers' lo¬cations at prices that Omar negotiates with those buyers. With respect to sales at those locations, Omar is a. an independent contractor. b. Neon's employee only. c. Neon's employee and agent. d. Neon's principal.
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C. Neon's Employee and Agent
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Margo works as an administrator and receptionist in Neon's Garage Door Store. Neon withholds federal taxes from Margo's pay, and controls the methods and details of the performance of her work. Margo is not au¬thorized to modify the prices or other terms of a sale at the store. Omar installs Neon's Garage Door products at the buyers' locations. Refer to Fact Pattern 32-1B. At the shop, Margo is a. an independent contractor. b. Neon's employee only. c. Neon's employee and agent. d. Neon's principal.
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C. Neon's Employee and Agent
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Margo works as an administrator and receptionist in Neon's Garage Door Store. Neon withholds federal taxes from Margo's pay, and controls the methods and details of the performance of her work. Margo is not au¬thorized to modify the prices or other terms of a sale at the store. Omar installs Neon's Garage Door products at the buyers' locations. Refer to Fact Pattern 32-1B. Neon hires Professional Janitorial Company to clean the store. Neon gives Professional Janitorial instructions as to what needs to be cleaned and when. Professional Janitorial is a. an independent contractor. b. Neon's employee only. c. Neon's employee and agent. d. Neon's principal.
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A. An independent contractor
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Donato is Equipment Repair Service Company's chief executive officer. On Equipment Repair's behalf, Donato solicits business, hires and fires workers, and handles finances. Equipment Repair pays Donato varying amounts, depending on his "needs." Donato is most likely a. a principal. b. an employee. c. an employer. d. an independent contractor.
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B. An employee
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Sybil agrees with Tyrone and other professional athletes to sign contracts with promoters and others on the athletes' behalf. Sybil is a. an agent. b. an employee. c. an employer. d. a principal.
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A. An Agent
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Rosario is a chef and caterer who hires out on a per-project basis to companies with on-location work sites, as well as to hosts of banquets, corporate meetings, concerts, weddings, and other events. In this capacity, Rosario is a. an agent. b. an employee. c. an independent contractor. d. a principal.
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C. An Independent Contractor
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Lucille is married to Marcus. Lucille buys food for their children's lunches and charges the cost to Marcus's account. This is a. an agency by operation of law. b. an agency by estoppel. c. an agency by ratification. d. not an agency relationship.
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A. An agency by operation of law
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Rondi holds herself out as possessing special accounting skills. As an agent, she must exercise the degree of skill or care expected of a. a person having those skills. b. an average, unskilled person. c. a reasonable person. d. the principal.
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A. A person having those skills
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Bernard is an expert on exotic flowers. Custom Floral Arrangements, Inc., hires Bernard to order exotic flowers for its arrangements. Bernard does not examine the quality of the flowers he orders on behalf of Custom Floral. Bernard has breached a. the duty of performance. b. the duty of loyalty. c. no duty. d. the duty of notification.
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A. The duty of performance
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Lorena is appointed as an agent for Milled Grains, Inc. The agency agree¬ment is silent as to the level of sales that Lorena is expected to achieve. She must a. achieve nothing because the agreement says nothing on the issue. b. attain the level that Lorena achieved with her previous employer. c. maintain the level Milled Grains attained before Lorena became an agent. d. use reasonable diligence and skill in selling.
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D. Use reasonable diligence and skill in selling
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Home Enterprises employs Itzak to buy property for a possible residential development. Itzak secretly buys some of the property and sells it to Home Enterprises at a profit. Itzak has breached a. no duty. b. the duty of accounting. c. the duty of loyalty. d. the duty of notification.
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C. The duty of loyalty
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Investment Holdings Corporation hires Jerilyn, a business appraiser, to locate investment possibilities for Investment Holdings. Jerilyn learns of a salsa and hot sauce manufacturing company avail¬able for a reasonable price, but neglects to tell Investment Holdings. Most likely, Jerilyn a. breached the agent's fiduciary duties to the principal. b. did nothing wrong. c. failed to take advantage of a business opportunity. d. assumed that the information was confidential.
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A. Breached the agent's fiduciary duties to the principal
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Largo is an agent for MaryElise. MaryElise gives Largo clear instructions to enter into contracts on her behalf only on Mondays, Wednesdays, or Fridays. Largo enters into a contract on her behalf on Tuesday. Largo has breached a. the duty of performance. b. the duty of loyalty. c. no duty. d. the duty of obedience.
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D. The duty of obedience
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Bailey is an agent for Culinary Delites Company. In the course of Bailey's performance for Culinary Delites, she pays Drivers' Repair Service for certain vehicle maintenance and repair work. Bailey's right to obtain the amount of the payments from Culinary Delites arises under the principal's duty of a. avoidance. b. cooperation. c. indemnification. d. reimbursement.
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D. Reimbursement
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Global Games Corporation employs Hyacinth as an agent. Global Games gives her an exclusive territory in which to sell its products. Global Games cannot compete with her in that territory under the duty of a. compensation. b. cooperation. c. indemnification. d. reimbursement.
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B. Cooperation
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Insurance Sales Corporation hires Jeremy to act as its agent. Insurance Sales's right not to perform a contract entered into by Jeremy, if he breaches their agency agreement, is the right of a. avoidance. b. indemnification. c. nullification. d. termination.
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A. Avoidance
