Exam 14: Agency and the Employment Relationship

In Bearden v. Wardley Corp., where Bearden sued Wardley because one of its agents, Gritton, bought a house from her and then cheated her on the transaction, the court held that:

If an agency relationship did not establish a rate of compensation for the duties of the agent, the principal must pay the "customary" rate for such services.

In Yim v. J's Fashion Accessories, Inc., where J's Fashion sued Yim for failing to pay for goods he bought under the name Ho Tae and Yim denied liability on the grounds that he had been acting as an agent for Hosung Enterprise, Inc which also did business under the name Ho Tae, the courts held that:

A UPS package sorter is an example of a(n):

If a person could be expected to possibly cause problems and an employer hires them anyway, the employer could be held liable for ____ if the employee commits a tort against a customer.

An agent must perform instructions provided by the principal. If the agent fails to do so, he violates:

Many states require agencies that will exist for ____ to be established in writing.

A major duty of principals to their agents is to indemnify them under most circumstances for liabilities incurred in completing the purpose of the agency.

Terry hires an agent, Janet, to sell a piece of property for no less than $50,000 with Janet to receive a 6% commission upon sale. Which of the following is Janet legally permitted to do without Terry's consent?

Gratuitous agents are appointed by other agents to undertake some work for the principal.

In Town Center Shopping Center v. Premier Mortgage, a manager of a mortgage company was held to have apparent authority when she entered into a lease for office space, even though she did not have authority to commit her company to that.

Power of attorney:

The law of agency places its primary emphasis on the duties:

Carter, who had been convicted of violent crimes, was hired as an independent contractor to sell vacuum cleaners door-to-door. He assaulted a customer in her home who sued the vacuum cleaner company. You would expect the Texas high court to hold that company:

Many companies give employees handbooks that discuss company policy and procedures. Legally, handbooks:

According to the California supreme court in Foley v. Interactive Data, employer handbooks:

In Cove Management v. AFLAC, Galgano, an independent contractor who solicited insurance business for AFLAC, rented office space from Cove under AFLAC's name. When Galgano defaulted on payments, Cove sued AFLAC contending that Galgano was its agent when he rented the office, so AFLAC was liable. The appeals court held that AFLAC was liable as it had given Galgano apparent authority to make the lease.

Because of the ____ an agent may not represent another party whose interests are in conflict with those of the principal.

An employment of an agent for the purpose of representation in establishing relations between a principal and third parties is known as a:

Agents have a duty of obedience to their principals, which means that if the agent ignores the principal's instructions, she violates her duty.