Exam 5: Agency

A plaintiff attempting to hold a company liable for violations of law by it employee even if a manager told the employee not to violate the law would sue under the theory of ______________.

In agreeing to act on behalf of the principal,the agent becomes a(n)

Fact pattern 5-1 Candy owns a nail and hair salon.She reaches an agreement with Todd,an independent contractor,allowing him to do nails in her salon three days per week.Todd has a sign on his desk informing his customers that he is an independent contractor of the shop.After working for a month,Todd asks Candy if she has been paying appropriate social security taxes for him.He also informs Candy that Phyllis,a customer,is preparing to sue both Todd and Candy based upon a nasty nail fungus she developed after having her nails done by Todd. -Refer to fact pattern 5-1.Which of the following is true regarding the duty of Candy,if any,to pay social security taxes for Todd?

When a third party reasonably believes that the agent has authority to act for and bind the principal,which type of agency authority is created?

An agent has a duty to act with due care and avoid mistakes.

An agency agreement can be implied from conduct.

Apparent authority may be based on which of the following?

An agent may bind the principal due to the agent's ________ authority.

Fact pattern 5-1 Candy owns a nail and hair salon.She reaches an agreement with Todd,an independent contractor,allowing him to do nails in her salon three days per week.Todd has a sign on his desk informing his customers that he is an independent contractor of the shop.After working for a month,Todd asks Candy if she has been paying appropriate social security taxes for him.He also informs Candy that Phyllis,a customer,is preparing to sue both Todd and Candy based upon a nasty nail fungus she developed after having her nails done by Todd. -Refer to fact pattern 5-1.Which of the following is true regarding legal responsibility to Phyllis assuming negligence on the part of Todd can be established?

The respondeat superior doctrine typically applies to the actions of independent contractors.

Which of the following is true?

The most common form of agency relationship is employer-employee.

Discuss the elements that are considered in determining whether a worker is an employee or an independent contractor.

Principals may be held liable for the torts of independent contractors involving highly dangerous acts.

The principal has the right to demand reimbursement from the agent for any damages paid to a third party because of an agent's negligence.

The most basic legal characteristic of the employer-employee relationship is that the employer has the right to

Which of the following is not one of the factors the law looks at in distinguishing between employees and independent contractors?

What did the court in Powell v.MVE Holdings,Inc.,recognize regarding the authority of corporate presidents?

The person hiring an independent contractor bargains both for the results and the means of achieving the results.

Leased workers are precluded from being considered employees of the company for which they are doing work because they are on the payroll of an employment agency.