Exam 6: Agency and Employment

Miss Kachur is a training consultant who owns her own business and offers services to public and private organizations.Fortunately,as a result of her effective work,Sigma Corporation contracted with her to develop and provide training at its facilities throughout Canada.What began as a short-term consulting contract was extended for a period of years.Which of the following statements is true?

Joe is a salesman for Harry's Fine Cars Ltd.He had been told specifically that he had no authority to make any sale,take a trade-in,or otherwise deal with the vehicles without the manager's express approval of every deal.Sam,a customer,came in wanting to buy a used Cadillac and agreed to pay the $16 000 asking price.Unfortunately,the manager had left the lot,and so Joe took it upon himself to write up the agreement.When the manager returned,he liked the deal and realized that the customer might change his mind when he realized that the salesman didn't have the authority to bind the seller in contract.Under these circumstances,what could the manager of the car lot do?

A lockout involves picketing employees prohibiting both management and other employees from crossing the picket line.

Which of the following is correct with respect to the law of collective bargaining?

An agent owes a fiduciary duty to act in the best interests of the principal and the third party.

Which of the following is true with respect to the agency relationship?

Joe is in the process of assembling land for Ace Contractors Ltd.to build a supermarket.He entered into a contract with the seller,Sam.Joe did not disclose that he was acting for someone else when he entered into the contract.Explain Sam's rights when the contract is breached and he learns that Joe was acting for Ace.

While it may be helpful to include criminal convictions,drug or alcohol addictions,and credit checks in pre-employment screening,this should be done with great care and with the prospective employee's consent.

An agent cannot bind the principal in a contract with a third party unless there is an agency contract between the principal and the agent.

A real estate agent,without disclosing the fact to his client,purchases the house the client is selling for himself.Discuss the legal position of the parties.

A principal is not bound in contract with the third party with whom the agent dealt if the agent is:

With respect to duties owed by an agent to his or her principal,which of the following statements is false with regard to agency law?

Describe what is meant by an agent's apparent authority.

While a lockout can only take place during the collective bargaining process when there is no contract in force,the employees can also legally strike when the employer breaches a term of a collective agreement that is in force.

"Lawful picketing allows employees to block others from entering their employer's place of business." Explain the accuracy of this statement.

A certified union has exclusive rights to represent the employees,and individual bargaining unit employees are no longer free to enter into separate contractual arrangements with their employer.

Grant got a job with Ace Computers Co.(Ace)as a salesman.He was given a course in sales by Ace,business cards,and several of the company's order forms and brochures,and he was assigned an area in which he would sell computers door to door on behalf of Ace.Grant would be paid on a commission basis.At his first house,he was so excited by the interest shown that he forgot the explicit instructions he had received-only cash sales permitted.As an agent for Ace,he sold a computer on time to a 70-year-old woman.She was to pay $25 per month for eight years because that was all she could afford.When Brown,Ace's sales manager,heard of the deal,he fired Grant and said Ace would not go through with the contract.However,the old woman liked the computer very much and insisted that Ace provide her with one within the week as required by the contract.Which of the following accurately describes the legal position of the parties?

Certification is notice to a labour relations board that the union intends to go on strike.

In which of the following situations will Smith be responsible for the tortious conduct of Jones?