Exam 32: A: Agency Formation and Duties

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An independent contractor may not act in the capacity of an agent.

(True/False)
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A worker engaged in an occupation or business distinct from that of an employer points to independent-contractor status.

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Fact Pattern 32-1B Liz and Molly work as clerks in Nia's Dress Shop.Nia withholds federal taxes from their pay,and controls the methods and details of the performance of their work.Liz and Molly are not au?thorized to modify the prices or other terms of a sale at the shop. -Refer to Fact Pattern 32-1B.At the shop,Liz and Molly are

(Multiple Choice)
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An agent has the right to perform agency duties without interference by the principal.

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An agent's actions must be strictly for the benefit of the principal.

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An agency relationship created for a purpose that is illegal is unenforceable.

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Agency relationships do not exist between employers and employees.

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Work done by a specialist without supervision indicates employee status.

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Any copyrighted work created by an employee,whether or not an employer requested it,is a "work for hire."

(True/False)
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Agency by operation of law may not occur in emergency situations.

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Jay holds himself out as possessing special accounting skills.As an agent,he must exercise the degree of skill or care expected of

(Multiple Choice)
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Mona is an agent for Nationwide Restaurant Corporation (NRC).In act?ing as an agent,Mona follows all of NRC's clearly stated instructions.This responsibility arises under

(Multiple Choice)
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United Sales Corporation hires Victor to act as its agent.United's right not to perform a contract entered into by Victor,if Victor breaches their agency agreement,is the right of

(Multiple Choice)
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Herschel contracts with Ivy to buy a certain coffee shop,Java Jive,for Ivy,who asks Herschel not to reveal her identity.Herschel makes a deal with Kendal,the owner of the restaurant,and makes a down payment.Ivy fails to pay the rest of the price,and does not pay Herschel for his services.Does Herschel have any recourse against Ivy? If so,on what basis and to what extent?

(Essay)
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Considerable control over the details of work indicates agent status.

(True/False)
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An agent is required to notify the principal of all matters concerning the subject matter of the agency.

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Jody is an agent for Kwik Credit Company (KCC).In the course of Jody's performance for KCC,Jody pays Leo for certain auto maintenance and repair services.Jody's right to obtain the amount of those payments from KCC arises under the principal's duty of

(Multiple Choice)
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Regional Investment Corporation (RIC)hires Sam,a real estate agent,to locate investment properties for RIC.Sam learns of a warehouse avail?able for $100,000,but neglects to tell RIC.Most likely,Sam

(Multiple Choice)
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Employment laws apply only to the employer-employee relationship.

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An agreement to form an agency relationship must be in writing.

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