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Brad is an employee of Custodial Service, Inc. In deciding whether Brad acts within the scope of his employment when he commits a tort against Didi, a court will not con?sider whether


A) Brad was acting within the scope of the agency.
B) Brad was acting within the scope of his employment.
C) Custodial authorized the act.
D) Custodial was personally at fault.

E) A) and B)
F) A) and C)

Correct Answer

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When an agency relationship is terminated, the principal has a duty to personally notify third parties who knew of its existence.

A) True
B) False

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It is basic tenet of agency law that notice to the agent is notice to the principal.

A) True
B) False

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An independent contractor is an employer who controls his or her agent's performance.

A) True
B) False

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Cory employs Daily Delivery Agency as an agent under a writ?ten agreement that describes the rights and duties of both parties. This is


A) apparent authority.
B) equal authority.
C) express authority.
D) implied authority.

E) B) and D)
F) A) and B)

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For an agent's implied authority to be effective, a principal must ratify it.

A) True
B) False

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An independent contractor is an employee.

A) True
B) False

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Authority declared in clear, direct, definite terms is express authority.

A) True
B) False

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Generally, the agent owes the principal no duties.

A) True
B) False

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An agency can terminate once its purpose is achieved.

A) True
B) False

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An agency relationship may occur by operation of law in a family.

A) True
B) False

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An agency relationship created for an illegal purpose is enforceable.

A) True
B) False

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Jackson Lumber hires Owen to purchase wood from various sources on behalf of Jackson Lumber. In this relationship, Jackson Lumber is the


A) employee.
B) independent contractor.
C) principal.
D) agent.

E) B) and D)
F) B) and C)

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Dizzy is not Edwina's agent but enters into a contract with Frida on Edwina's behalf. Edwina later contacts Frida to affirm the contract. This is


A) an agency by agreement.
B) an agency by estoppel.
C) an agency by ratification.
D) not the creation of an agency relationship.

E) A) and B)
F) A) and C)

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Sela agrees to act on Thom's behalf, subject to Thom's control, and Thom trusts Sela to so act. They set out the terms in a written document, which they both sign. This is


A) an agency by agreement.
B) an agency by estoppel.
C) an agency by ratification.
D) not the creation of an agency relationship.

E) None of the above
F) A) and B)

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Real estate brokers are independent contractors.

A) True
B) False

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Miklos employs Nathalie to handle a list of financial transactions on Miklos's behalf. This power will terminate on


A) any transaction causing a loss to Miklos.
B) Miklos's death or incapacity.
C) Miklos's sixty-fifth birthday.
D) Nathalie's handling of one of each stipulated transaction.

E) A) and B)
F) None of the above

Correct Answer

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Bud approves on behalf of Cody-but without authorization-a contract with Dik to build a new silo. Cody does not ratify the contract. Later, Dik tries to enforce the deal. This attempt will be


A) partly successful.
B) partly unsuccessful.
C) totally successful.
D) totally unsuccessful.

E) A) and D)
F) C) and D)

Correct Answer

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KupaJava hires Lola to manage one of KupaJava's seven drive-through coffee stands. KupaJava agrees to pay Lola a salary, plus commission. KupaJava stipulates the standards that should be observed, the goals that should be attained, and the methods that should be used. Lola is most likely KupaJava's


A) employee.
B) independent contractor.
C) principal.
D) power of attorney.

E) All of the above
F) A) and C)

Correct Answer

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Through agents, a principal can conduct multiple business operations simultaneously.

A) True
B) False

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