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A series of questions and answers related to agency law, covering key concepts such as the duties of agents and principals, liability for unauthorized transactions, and the principle of respondeat superior. It provides a practical understanding of agency law principles through real-world scenarios and examples.
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HBR Accounting hired Denise, a CPA, to prepare tax returns. Which of the following statements is CORRECT? ANSWER Denise, because she is a CPA, is a specialized agent. She is held to a higher standard than ordinary negligence.
Jim agreed to show Donna's car to a potential buyer. Donna was not able to be home since she had to attend a meeting. After showing the car, Jim left the keys in it and the car was stolen. Which statement is correct? - ANSWER Since Jim is a gratuitous agent, he will only be liable for the loss of the car if his conduct constitutes gross negligence.
if a person accepts the benefits of an unauthorized transaction or fails to repudiate it then he is bound by the act as if he had originally authorized it. (T of F) - ANSWER True
Means the principle of liability that an employer is liable for a physical tort committed by an employee acting within the scope of employment and a nonphysical tort of an employee acting with authority called - ANSWER respondeat superior
Circus Pizza hired Art to operate its birthday parties. He was to supervise the children and to conduct the games. Circus did not check on the background of Art, who had a history of child assaults. While a birthday party was in operation, Art attacked a 7-year-old girl in the kitchen of the restaurant. Circus Pizza: - ANSWER may be liable based upon negligent hiring
Larry wanted to move to Germany. Larry engaged the services of Happy Homes, Inc. to locate a buyer and enter into a contract for the sale of his house in the U.S. The agency relationship between Larry and Happy Homes must be in writing. (T of F) - ANSWER True
John engaged the services of Tim to sell his house. Which of the following is true? - ANSWER John is Tim's principal
Cameron, editor of the local newspaper, assigned to Jim the writing of a story about pollution of a nearby stream. Although Jim used reasonable care in gathering and checking his information, unknown to Jim, the story contained a defamatory statement about Maureen. Maureen reads the story and sues Jim for libel. Cameron, who read and published the story: - ANSWER must indemnify Jim for Maureen's claim
Rob is to act as an agent in the sale of Diane's car. Diane owes a duty of loyalty to Rob. (T or F) - ANSWER False
When Denise is employed to serve as a cashier, she has the apparent authority to perform acts reasonably necessary to perform her job. (T or F) - ANSWER True
Mohammad was employed in the new product development department at Estay Inc. Mohammad was directly involved in the development of a new product that Estay intended to launch in 6 months. Estay took great care to keep information concerning the new product a secret. Ceries, Inc., a competitor of Estay, persuaded Mohammad to leave Estay to direct Ceries' marketing department. Which statement is correct? -ANSWER Mohammad can't disclose the information about Estay's new product to Ceries because he has a duty not to disclose confidential information he acquired during the agency.
In its most basic terms, a fiduciary relationship is one of - ANSWER trust
An agent cannot engage in improper conduct that reflects negatively on the principal. This rule applies to conduct: - ANSWER both on and off the job
If the principal is undisclosed, the third party - ANSWER May recover from either the agent or the principal