Exam 30: Liability of Principals, Agents, and Independent Contractors

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If an agent commits an intentional tort within a work-related time or space,the principal is liable for any injuries caused by the agent's intentional torts.

(True/False)
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The significance of a "frolic and detour" is which of the following?

(Multiple Choice)
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Why does the law in some states hold principals liable for the intentional torts of employees under the work-related rule for torts motivated by personal concerns? Aren't these matters that an employer does not have control over? Which do you think is the better rule for employer liability for intentional torts of employees? Why?

(Essay)
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Agent enters into a contract with Third Party on behalf of Principal.Agent told Third Party that this contract was being entered into on behalf of someone else,but did not identify Principal to Third Party.A couple of weeks later,Principal disappears and Third Party wants to hold Agent to the contract.Third Party can:

(Multiple Choice)
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The degree of skill necessary to complete a task has little to do with whether someone is an independent contractor or not.

(True/False)
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The duty of loyalty is generally a duty of:

(Multiple Choice)
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Which of the following is true about the tests used to determine whether a principal is responsible for the intentional torts of his agent?

(Multiple Choice)
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As the Wyoming Tetons are playing the Missouri Ozarks in a baseball game,a fan who is sitting near the Tetons' dugout starts yelling at Micky Macho,one of the relief pitchers,that his pink minivan makes him look like a suburban family man.Macho,because he feels insulted,picks up a nearby bench and throws it at the fan,who gets injured by this action.The fan then sues the Tetons.The fan could recover from the Tetons:

(Multiple Choice)
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A principal's liability for his/her agent's conduct within the scope of their employment is based on the legal theory of vicarious liability.

(True/False)
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Why would an agent not disclose the existence and identity of the principal when negotiating a contract,given that doing so would avoid agent liability on the contract? What should an agent do when the principal does not want to be disclosed?

(Essay)
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Under which circumstance will a principal not be responsible for the tort of the agent?

(Multiple Choice)
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Paulette appointed Angie to be her agent to purchase a building lot for a warehouse in a large city.Angie owns several suitable lots,and a week after the agency arrangement was entered into,said to Paulette,"You know,I own a couple of lots that might work and that I might be willing to sell." Angie and Paulette then agree on a price for Paulette to buy one of the lots.Angie has:

(Multiple Choice)
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A principal's liability for the tort of an agent depends on the degree of disclosure of the agency relationship.

(True/False)
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With the increasing incidence of workplace violence,what should the rule be for employer liability for violent acts of their employees? Should it be any different than for intentional torts generally? Why might you want a different rule in these cases?

(Essay)
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Jerry and Elaine dated for a long time.She recently broke up with him.Jerry is working at the checkout counter of a local hardware store,when he looks up to see Elaine enter with her new boyfriend.Jerry becomes enraged and punches the new guy boyfriend right in the nose.Is the employer liable for the actions of Jerry?

(Multiple Choice)
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Under the coming and going rule,the principal is not liable for the negligence of the agent when commuting to or from the place of work.

(True/False)
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For which types of misrepresentations of an agent is the principal liable,assuming that the misrepresentation was made within the scope of the agency?

(Multiple Choice)
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The degree to which an agent disclosed the agency relationship affects the contract liability of:

(Multiple Choice)
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An agent has a duty to notify the principal of information he or she learns from a third party if that information is important to the principal.

(True/False)
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An agent acting as a dual agent is not always in breach of the duty of loyalty.

(True/False)
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