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A principal is not normally liable for the tort of an agent committed within the scope of the agency or employment.

A) True
B) False

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An agent's implied authority cannot be implied by custom.

A) True
B) False

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An employer is charged with the knowledge of any dangerous condition discovered by an employee and pertinent to the employment situation.

A) True
B) False

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Lima, an agent for Mindwonder Games LLC, executes an unauthorized contract with NOW Marketing Inc. The deal is highly advantageous to Mindwonder, and the company ratifies the contract. The contract is​


A) ​valid.
B) ​vicarious.
C) ​void.
D) ​voidable.

E) All of the above
F) B) and C)

Correct Answer

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A

If a principal is undisclosed, the agent may be liable to the principal for a third party's nonperformance of a contract.

A) True
B) False

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A disclosed principal is a principal whose identity is known by a third party with whom an agent contracts on the principal's behalf.

A) True
B) False

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Ratification occurs when a principal affirms, or accepts responsibility for, an agent's unauthorized act.

A) True
B) False

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Bud approves on behalf of Cody-but without authorization-a contract with Dik to build a new silo. Cody does not ratify the contract. Later, Dik tries to enforce the deal. This attempt will be​


A) ​partly successful.
B) ​partly unsuccessful.
C) ​totally successful.
D) ​totally unsuccessful.

E) C) and D)
F) All of the above

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Olive, an agent for Precision Paving Corporation, enters into an unauthorized contract with Quality Asphalt, Inc., purportedly on Precision's behalf. Precision does not ratify the contract. Liability may be imposed on​


A) ​Olive to Quality for misrepresenting her authority.
B) ​Precision to Quality for not ratifying the contract.
C) ​Quality to Precision for entering into an unauthorized contract.
D) ​Precision to Olive for not ratifying the contract.

E) B) and C)
F) A) and D)

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A

Seed Packets, Inc., a garden seed company, requires its customers to pay by check. Taylor, a Seed Packets driver, tells customers that they can pay her with cash. When Seed Packets learns of Taylor's collections, it does not act to stop them. Taylor steals some of the cash. Under the doctrine of apparent authority, Seed Packets will most likely​


A) ​suffer the loss.
B) ​recover the amount of the cash payments from its customers.
C) ​increase its prices to cover the amount of the stolen cash.
D) ​hold its accountant liable for apparently authorizing the cash collections.

E) B) and C)
F) C) and D)

Correct Answer

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A special power of attorney permits an agent to transact all business for a principal.

A) True
B) False

Correct Answer

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Even if a principal ratifies a contract without knowing all of the facts, the principal cannot later rescind the contract.

A) True
B) False

Correct Answer

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Private Security Service employs Olsen as an agent. Without Private Security's knowledge but otherwise acting within the scope of employment, Olsen commits a crime. The state can successfully prosecute​


A) ​none of the choices.
B) ​Private Security.
C) ​Private Security or Olsen.
D) ​Olsen.

E) A) and B)
F) A) and C)

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Giving an agent a power of attorney confers express authority.

A) True
B) False

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True

Donald approves on behalf of Evelyn-but without authorization-a contract with Farouk to build a new silo. Evelyn does not ratify the contract. The deal with Farouk is​


A) an enforceable contract with Donald.​
B) ​a voidable contract.
C) ​an enforceable contract with Evelyn.
D) ​an unaccepted offer.

E) C) and D)
F) A) and D)

Correct Answer

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For an agent's implied authority to be effective, a principal must confirm it in writing.

A) True
B) False

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Under the doctrine of respondeat superior, an agent is liable for any harm caused to a principal by a third party.

A) True
B) False

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An agency can terminate once its purpose is achieved.

A) True
B) False

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A principal cannot be estopped from denying that an agent has authority.

A) True
B) False

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Mirena serves in a representative capacity for Netanya. Orla is injured through Mirena's negligence. Netanya may be liable to Orla if Mirena's conduct occurred​


A) ​due to a propensity Netanya was not and could not have been aware of.
B) ​during normal working hours.
C) ​in the course and scope of Mirena's employment.
D) ​outside the parties' employment relationship.

E) C) and D)
F) A) and B)

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