Exam 5: Agency

Maureen owns a business that makes kites.Maureen's agent Bob entered into an agreement with Alice to purchase some land for a new kite factory.Maureen's agency relationship with Bob was not memorialized by any writing.The day after Bob signs the papers finalizing the sale,Maureen learned of the purchase,was furious with Bob,and said that she wanted out of the deal.Assuming that Bob was legally considered the agent of Maureen in making the purchase,which of the following is Maureen's best argument?

An employee frolic is conduct that is deemed to be outside the scope of employment.

A principal may be held liable for the torts of a(n)________ only in extraordinary circumstances,usually involving highly dangerous acts or nondelegable duties.

Which of the following is true regarding express authority?

Which of the following is not a duty of an agent to a principal?

Once an agent is given express authority,he or she also has _______ authority to do whatever is reasonable to complete the task he or she has been instructed to undertake.

A constructive discharge occurs when an employee in the construction industry is discharged without cause.

Which of the following is not usually considered an independent contractor?

Which of the following is not a factor that the courts will use in determining whether or not an act of an employee was within the scope of employment?

An agency relationship can be created by

Describe the circumstances under which an employer may be liable for an employee's actions even if the employee was acting outside the scope of employment.

For which of the following is employee status,rather than independent contractor status,likely to be found?

When an act has been ratified,it is then treated as if the principal had originally authorized it.

Implied ratification of an agent's unauthorized acts can occur through the silence of the principal.

Agents owe a fiduciary duty to the principal.Describe the specific responsibilities that are generated by this duty.Discuss fully.

Which of the following is an example of a hallmark of the fiduciary relationship?

________ ratification occurs when the principal,by silence or failure to repudiate,acquiesces to the agent's act.

Which of the following terms refers to a slight deviation from the employer's business that is still within the scope of employment?

An undisclosed principal will be bound by any contract the agent enters into with actual authority.

There are no limits to the implied authority of an agent.