Exam 25: Agency law

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Ashley owns a piece of vacant real estate through which a small river runs.Ashley hires Warren,a licensed real estate broker,to list the property for sale and help sell the property.While inquiring in the neighborhood,Ashley's neighbor Lenny tells Warren that a chemical plant upstream has polluted his property and that Warren should have environmental engineers test the soil on Ashley's property as well.Warren does not tell Ashley about Lenny's suggestion.Warren manages to find a buyer for Ashley's property in Martha.It is later discovered that the property Martha bought from Ashley is also polluted.Which of the following agent duties has Warren failed to perform?

(Multiple Choice)
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Which of the following constitutes an agency?

(Multiple Choice)
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A nonbreaching party may recover damages from the breaching party in the event of a ________.

(Multiple Choice)
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A(n)________ occurs when an agent negligently makes a falsification to a third party.

(Multiple Choice)
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Which of the following statements is true about an agent?

(Multiple Choice)
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How can one determine whether a person is an independent contractor or an employee?

(Essay)
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The agent is liable for the tortious conduct of the principal only if he or she directly or indirectly participates in or aids and abets the principal's conduct.

(True/False)
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Which of the following statements is true about a special power of attorney?

(Multiple Choice)
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Which of the following statements best defines a fully disclosed agency?

(Multiple Choice)
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A power of attorney where a principal confers powers on an agent to act in specified matters on the principal's behalf is referred to as ________.

(Multiple Choice)
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Any property,money,or other benefit received by the agent in the course of an agency belongs to the agent.

(True/False)
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A principal is held liable for the intentional torts of agents and employees even if they are committed outside the principal's scope of business.

(True/False)
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The term "respondeat superior" means "buyer beware."

(True/False)
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If an agency terminates by operation of law,there is no duty to notify third parties about the termination.

(True/False)
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Which of the following would lead to the termination of an agency by operation of law?

(Multiple Choice)
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A(n)________ is a relationship formed when an employer hires an employee and gives that employee authority to act and enter into contracts on his or her behalf.

(Multiple Choice)
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How does one determine whether an agent's intentional torts were committed within the agent's scope of employment or not?

(Essay)
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The ________ is the principal's duty to cover the agent for any losses the agent suffers because of the principal's conduct.

(Multiple Choice)
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________ occurs where a principal is liable for an agent's tortious conduct because of the employment contract between the principal and agent,not because the principal was personally at fault.

(Multiple Choice)
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The duty of accountability requires the agent to use the principal's property in an authorized manner.

(True/False)
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