Exam 25: Agency Law

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An employee is an agent,even if he or she is not specifically empowered to enter into contracts on the principal-employer's behalf.

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False

In an express agency,the agent has the authority to contract or otherwise act on the principal's behalf,as stated in the agency agreement.

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True

Agency relationships are formed by the mutual consent of an accessory and an agent.

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The principal will be held liable for any negligence of her agent committed during the time period the agent has agreed to act as agent.

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The extent of the agent's authority in a principal-agent relationship is governed by any express agreement between the parties and implied from the circumstances of the agency.

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Employees may only enter into contracts that are within the scope of their employment.

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An agency can arise in any of the following four (4)ways: 1)formal agency; 2)informal agency; 3)transparent agency; and 4)agency by certification.

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An agent negotiates a contract with a third party for which the agent did not have express authority.Which of the following is true?

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Even if the home countries of the principal and the agent are at war,the parties may choose to continue the agency.

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The president of a corporation usually has the authority to enter into major contracts on the corporation's behalf.

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A partially-disclosed agency exists where the third party is aware that the party he is dealing with is an agent,but does not know the identity of the principal.

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What is the primary purpose of an agent in a principal-agent relationship?

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Which of the following is true about determining whether someone working for another person is an independent contractor or an employee?

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Express agency is the most common form of agency.

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The "frolic and detour" rule states that an agent is liable to the principal for damages resulting from the agent going on a frolic and detour.

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A general power of attorney confers broad powers on the agent to act in any matters on the principal's behalf.

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Through agency by ratification,the principal is bound to perform,and the agent is relieved of any liability for misrepresentation.

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An agent who enters into a contract with a principal has two (2)distinct obligations: (1)to perform the lawful duties expressed in the contract; and (2)to meet the standards of reasonable care,skill,and diligence implicit in all contracts.

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A power of attorney is often used by a principal to give an agent the power to sign legal documents,such as deeds to real estate,on behalf of the principal.

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A principal-accessory relationship is formed when an employer hires an employee and gives that employee authority to act and enter into contracts on his or her behalf.

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