Exam 5: Agency

The term usual authority refers to the authority that an agent has been allowed to exercise in the past.

The term customary authority refers to authority that agents must have by law.

Principals may be held liable for the torts of independent contractors involving highly dangerous acts.

Under the theory of _____,a company can be held liable for violations of ______ law by its employee,even if a manager told the employee not to violate the law.

The fact that leased workers are on the payroll of an employment agency does not preclude them from being considered employees of the company at which they are actually working on a joint employer theory.

Yummy Foods contracts with Quinn to retile several aisles in the produce section of the store.Palin is a Yummy Foods customer.During a visit to Yummy Foods,as Palin was retrieving a frozen pizza from one of the store's refrigerated cases,Palin is injured after tripping on a tile that Quinn neglected to clean up after completing the work in that aisle.Palin plans to file suit against Yummy Foods.Should Yummy Foods be held liable to Palin? Discuss.

What factors do courts consider in determining whether an act of an agent was within the scope of employment?

The person hiring an independent contractor bargains both for the results and the means of achieving the results.

The relationship of an independent contractor who is an agent of a principal and the principal is best described by which of the following statements?

Which of the following is NOT usually considered an independent contractor?

In a master-servant agency,the employer has the right to control the conduct of the employee.

The principal has the right to demand reimbursement from the agent for any damages paid to a third party because of an agent's negligence.

In all cases,an agency agreement must be written in order to be enforceable.

As a realtor,Finley never acts on behalf of a potential client until both parties have signed an agreement.This is called implied authority rule.

An __________ occurs if a principal approves or accepts the benefits of the actions of an otherwise unauthorized agent.

An undisclosed principal will be bound by any contract the agent enters into with actual authority.

Jesse allows Terry to redecorate the interior of a retail space.Although Jesse has not specifically contracted with Terry to do the work,Jesse does not contradict Terry's order for new carpet and display fixtures.This situation is one of implied ratification.

CASE 5.1,Jane Doe 1 v.Uber Technologies,Inc.(2016),involved the question of respondeat superior.

Once an agent is given _____ authority,that agent also has _____ authority to do whatever is reasonable to complete the task as instructed.

CASE 5.3 Candow v.Dust (2014),involved the question of whether an employee was on a frolic or a detour at the time of the accident.