Exam 14: Agency and the Employment Relationship

An agency that is to last more than one year usually must be evidenced by a written contract.

____ is a person who contracts with another to do something for him but who is not controlled by the other nor subject to the other's right to control with respect to his physical conduct in the performance of the undertaking.

An agency may be established by:

A(n) ____ is one whose identity is known by the third party at the time a contract is entered into with an agent.

A manager who runs all aspects of a hotel is most likely what kind of agent:

When an agency is terminated:

In an agency the principal:

Jimmy must be at work no later than 7 AM on the days he works. Because he must hurry to get to work, he runs over a lady going across the street. She sues Jimmy and his employer for her injuries. She has:

Which of the following is not a category of agents covered in the text:

The ____ provides some immunity for a company against content posted or submitted online by third parties, if a company is merely acting as a publisher.

In Guz v. Bechtel National, where Guz was fired after many years of good work at Bechtel, the California supreme court held that his tenure at the company created a presumption that he could only be dismissed for good cause.

An agency through operation of law is established:

Kurt works for Jeris. One evening Kurt decides to use the company truck to pick up his date. On his way home from the movies, after dropping his date off, Kurt runs a red light and smashes into Bob. Is Jeris liable to Bob?

An agency may be established by:

When an agency is terminated:

If an agent claims to have authority but in fact has none, the principal is:

Anderson was in Las Vegas for an industry trade show. One night, after having a lot to drink, she went to her room at 2a.m. A hotel employee, who had a passkey, entered her room and raped her. He was apprehended and convicted. Anderson sued the hotel for negligently hiring as the employee had threatened a supervisor and there had been other instances of sexual assaults by hotel employees. The trial court held that the hotel was not liable because this assault was not foreseeable. The Nevada high court:

____ is when an agency is created because the actions of the principal may lead one to reasonably believe that the presumed agent has the authority to act for the principal.

The legal document intended for the purpose of expressly establishing an agency is the attorney-in-fact.

The duty of an agent to perform responsibilities with the degree of care that a reasonable person would exercise under the circumstances is: