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As a general rule,an agent is liable on contracts entered into on behalf of a fully disclosed principal.

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Erica's supervisor told her to arrange for a conference room at the Kelly Inn.Erica has express authority to contract for the room.

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Ron is the business agent for Kansas Sunshine,a rock band.He is also the agent for another popular Midwestern rock group,City Sand.Ron negotiates a deal with a Kansas City promoter to have City Sand play after a professional football game.The promoter was willing to pay $250,000 for both groups to play after the game;however,Ron talked her into booking just City Sand for $175,000.Given his contract with City Sand,Ron made more money under this arrangement.Has Ron violated his fiduciary duty to Kansas Sunshine?


A) Yes.It appears that Ron put his own interests ahead of his principal's interests.
B) Yes.Ron cannot,under any circumstances,act as an agent for both groups.
C) Both a and b are correct.
D) Neither a nor b is correct since it is very common for rock band agents to represent several groups at the same time.

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A

Generally,either party to an agency relationship has the power to terminate it at any time.

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Factors influencing whether a servant is acting within the scope of employment include all but which of the following?


A) The act is similar to the one the principal authorized.
B) The act is not seriously criminal.
C) The act took place during hours that the servant is generally employed.
D) All of the answer choices are factors in determining if an act is "within the scope of employment."

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Kaiya is a sales representative of TriColor.Kaiya owes a fiduciary duty to TriColor.

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If apparent authority is present,the principal is liable for even the unauthorized acts of the agent.

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Chance is a traveling marketing representative for a publishing company.He is an independent contractor.One afternoon while driving to a meeting,he negligently runs a stop sign and causes an accident.Judy is injured.Judy can:


A) hold both Chance and his company liable for her injury.
B) hold the company but not Chance liable.
C) hold Chance but not the company liable.
D) not hold Chance or his company liable for her injury.

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A principal is bound by contracts that an agent enters into with authority.Discuss the various types of contractual authority an agent may have.

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Authority is the legal ability of an age...

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Linda borrowed $2,500 from Tonya.They agreed that Tonya could take a grouping of Linda's antiques as collateral.If Linda could not pay,then Tonya could sell the antiques to recover her money.When Linda could not pay off the loan,Tonya sold the antiques and paid Linda the proceeds after deducting the balance of the loan.Which of the following statements is correct?


A) This is an irrevocable agency relationship.
B) This is a power coupled with an interest.
C) Linda has neither the power nor the right to terminate the relationship.
D) All the above are correct.

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D

Alex worked for years for MegaCorp.During his employment with MegaCorp,he learned a great deal of confidential information and knew that if this information got into the hands of competitors or the general public,MegaCorp could suffer great business losses.Alex claims that he was wrongfully fired by MegaCorp and accordingly he believes he has no obligation to MegaCorp to keep any information he acquired with them as confidential.MegaCorp claims that Alex is under a continuing duty to keep confidential information secret,even though he is no longer with the company.Who is right? Why?

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MegaCorp.Regardless of why Alex no longe...

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A principal must indemnify an agent for any expenses incurred in carrying out agency responsibilities,but the principal will not be responsible for indemnifying an agent for any unauthorized purchases.

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If Denise is hired to work as a cashier,she has the implied authority to do acts reasonably necessary to carry out her job.

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If a principal accepts the benefits of a whole unauthorized contract,the principal is deemed to have ratified the contract and is bound as if the act had been originally authorized.

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True

An agent may not engage in inappropriate behavior that reflects badly on the principal.This rule applies to conduct:


A) during working hours.
B) during off-duty time.
C) during both working hours and off-duty time.
D) only by public officials.

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Pamela hired Lena to sell her business.Lena:


A) can buy the business as long as the price is fair.
B) can buy the business as long as she qualifies for financing.
C) can buy the business only with Pamela's permission.
D) cannot buy the business under any circumstances.

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Which of the following persons is an agent?


A) Diane,a shoe salesperson for a retail store.
B) Tim,a real estate broker for a large real estate company.
C) Craig,a telephone marketing employee.
D) All the above.

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The doctrine of estoppel would most often apply in situations of:


A) implied authority.
B) apparent authority.
C) transaction authority.
D) actual authority.

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Larry decided to relocate to Germany.Larry hired Happy Homes,Inc.to find a buyer and contract for the sale of his house in the U.S.The agency relationship between Larry and Happy Homes must be evidenced with a written agreement.

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The equal dignities rule relative to agency law applies to an agent:


A) hired to contract for a booth at a trade show scheduled to occur in two years.
B) selling real estate for the principal.
C) authorized to enter into a two-year lease for her principal.
D) All the above.

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