Exam 33: Agency Formation and Duties

A) Specific performance
B) Specific recoupment
C) Adequate performance
D) Reformation
E) Recognition

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A) Reformation
B) Indemnification
C) Reimbursement
D) Contribution
E) Recoupment

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True

A) Whether the worker is engaged in a distinct occupation or an independently established business.
B) The employer supplying the tools.
C) How the worker is paid.
D) The amount of time the worker has been involved in the trade or area at issue.
E) The length of time for which the worker is employed.

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D

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First,agency agreements need to be in wr...

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A) Sue will lose because Ronnie had the right to act in his own best interest.
B) Sue will lose but only because Ronnie was not involved in work duties when he heard about the property.
C) Sue will lose because Ronnie had validly assigned all duties to Rick.
D) Sue will win.
E) Sue will win only if she can establish that she expressly told Ronnie that he could not assign the contractual duties under the contract.

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D

A) Duty of action
B) Duty of contract
C) Express duty of action
D) Duty of performance
E) Duty of obedience

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A) That the agreement entered into by plaintiffs' attorney would not be enforced because the plaintiffs had not lead the opposing defense attorneys reasonably to believe that the plaintiffs' attorney had full and final authority to settle the litigation.
B) That the agreement entered into by plaintiffs' attorney would not be enforced because the plaintiffs had not signed it.
C) That the agreement entered into by plaintiffs' attorney would not be enforced because the plaintiffs had not given the attorney express authority to enter into the agreement.
D) That the agreement would be enforced because the plaintiffs' attorney had express authority to enter into the agreement.
E) That the agreement would be enforced because the plaintiffs' attorney had apparent authority to enter into the agreement.

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A) To determine whether the FedEx drivers should be classified as employees or independent contractors, the court applied federal statutory law.
B) The court found that FedEx did not exercise the degree of control necessary for the relationship to be considered employer-employee.
C) The court found that at times the drivers acted as employees and that other times they acted as independent contractors and that they would, therefore, be classified as independent contractors.
D) The court found that at times the drivers acted as employees and that other times they acted as independent contractors and that they would, therefore, be classified as employees.
E) The court found that all the rights and duties of employees as agents applied to their relationship with FedEx.

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A) An employee
B) An independent contractor
C) An authorized contractor
D) A task-specific contractor
E) A partial contractor

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A) It will be assumed that the agent agreed to work for free on a gratuitous basis.
B) The agent will be allowed to set the price which will be enforced unless it is unconscionable.
C) The principal will be allowed to set the price which will be enforced unless it is unconscionable.
D) The court will appoint a magistrate to set the price.
E) Compensation will be calculated according to the customary fee in the situation.

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A) An implied agency as well as an apparent agency may be created by conduct.
B) Circumstances may determine the extent of implied agency.
C) Implied agency may conflict with express authority.
D) Apparent agency is also known as agency by estoppel.
E) If a principal in an alleged apparent agency situation denies that an agency existed, the third party alleging agency must demonstrate that he or she reasonably believed, based on the principal's conduct, that an agency relationship existed.

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A) Principal
B) Employer
C) Fiduciary
D) Trustor
E) Benefitor

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A) The principal owes a duty of cooperation to the agent.
B) The principal must assist the agent in the performance of his or her duties.
C) The principal can do nothing to interfere with the reasonable conduct of an agent.
D) The principal has a duty to provide safe working conditions for an agent.
E) The duty of reimbursement applies to employees only, not to independent contractors.

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A) Duty of action
B) Duty of contract
C) Express duty of action
D) Duty of performance
E) Duty of obedience

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A) Employers are generally liable in tort for the actions of their employees, while they are generally not liable for the actions of independent contractors.
B) Employers are generally liable in tort for the actions of independent contractors, while they are generally not liable for the actions of employees.
C) Employers are not generally liable in tort for the actions of independent contractors or the actions of employees.
D) Employers are generally liable in tort for the actions of independent contractors and for the actions of employees.
E) Employers are generally liable in tort for the actions of independent contractors and for the actions of employees, but only if the employer has agreed to be liable in a written contract with the employee or independent contractor.

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