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Based on Nan's conduct, Odel reasonably believes that Poppy has the authority to act on Nan's behalf even though Poppy does not have the actual authority to do so. In this circumstance, Poppy has


A) apparent authority.
B) express authority.
C) implied authority.
D) no authority.

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

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Ezra is an agent for Fresh Food Corporation. Ezra makes an innocent mis?representation when entering into a contract on be?half of Fresh with Gala Grocery Stores, Inc. Gala


A) is estopped from performing the contract.
B) may rescind the contract.
C) must perform the contract.
D) must ratify the contract.

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

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Commercial Development Corporation (CDC) hires Delta Construction Company to work at a site as an independent contractor. Whether CDC will be liable for torts committed at the site by Delta depends on


A) what Delta bid for the job.
B) whether exceptionally hazardous activities are involved.
C) which party obtained insurance to cover tort liability.
D) who is paying Delta.

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

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An agency is terminated if the principal demands an accounting.

A) True
B) False

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Fab Auto Sales, Inc., employs GR8 Collection Company as a collection agent. While repossessing a car from Hadji, one of Fab's customers, GR8 causes an accident in which Hadji is injured. Hadji can recover from


A) Fab only.
B) Fab or GR8.
C) GR8 only.
D) Hadji's insurance company only.

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

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Miklos grants an ordinary power of attorney to Nathalie to handle a list of financial transactions on Miklos's behalf. This power will terminate on


A) any transaction causing a loss to Miklos.
B) Miklos's death or incapacity.
C) Miklos's sixty-fifth birthday.
D) Nathalie's handling of one of each stipulated transaction.

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

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A power of attorney may be created orally.

A) True
B) False

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Malachi hires Nadine to sell Malachi's land. Before the land is sold, Nadine discov?ers that there is a rich vein of gold in a hill on the property. Can Nadine con?sider the agency terminated?

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Yes. Nadine could reasonably infer that ...

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Sonia manages a Tasty Pastry store for United Food Company. To manage the business, Sonia's authority can be implied by


A) an inference from the position Sonia occupies.
B) any inference a reasonable customer or supplier would make.
C) any inference Sonia chooses to make.
D) no inference.

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

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An agent's authority to act on behalf of a principal derives exclusively from the agent's express au?thor?ity.

A) True
B) False

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Trey, an agent for Uno Music Corporation, executes an unau?thor?ized contract with Variety Recording, Inc., that is highly ad?vanta?geous to Uno. Variety withdraws from the deal before Uno ratifies the con?tract. The contract is


A) valid.
B) variable.
C) void.
D) voidable.

E) None of the above
F) C) and D)

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Brad is an employee of Custodial Service, Inc. In deciding whether Brad acts within the scope of his employment when he commits a tort against Didi, a court will not con?sider whether


A) Brad indicated that he was acting on behalf of Custodial.
B) Custodial authorized the act.
C) Custodial furnished the means by which the injury was inflicted.
D) the act is one commonly performed by employees for their employers.

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

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Before a principal can ratify a contract, the agent must withdraw from the deal.

A) True
B) False

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State Bank employs Troy as an information clerk. Troy has author?ity only to an?swer customers' questions. During a renovation, State Bank temporarily moves Troy from the information desk to a teller's window. Ubi, a customer, believes that Troy is a teller and leaves a deposit with him. Troy keeps the money. Is State Bank liable?

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Yes. When a principal causes a third par...

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Maia hires Nero, a real estate broker, to sell her warehouse. The ware?house burns down be?fore being sold. Nero is


A) Maia's agent until Maia's insurer pays Nero's commission.
B) Maia's agent until the burnt warehouse is sold.
C) Maia's agent until the warehouse is rebuilt and sold.
D) no longer Maia's agent.

E) None of the above
F) B) and C)

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An disclosed principal is liable to a third party for contracts made by the agent acting outside the scope of his or her authority.

A) True
B) False

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An agent's authority to act on behalf of a principal derives exclusively from the agent's express or implied au?thor?ity.

A) True
B) False

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Under the doctrine of respondeat superior, an agent is liable for the principal's negligence.

A) True
B) False

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Under the doctrine of respondeat superior, a principal has a superior duty of caring for the agent.

A) True
B) False

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Cory employs Daily Delivery Agency as an agent under a writ?ten agreement that describes the rights and duties of both parties. This is


A) apparent authority.
B) equal authority.
C) express authority.
D) implied authority.

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

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