B) False
Correct Answer
verified
Correct Answer
verified
A) He was an independent contractor.
B) He was an employee.
C) He had a special status called employee-contractor, a term used to represent a contractor with some responsibilities indicating status as an employee and some responsibilities indicating otherwise.
D) He was an express contractor.
E) He was an implied contractor.
G) A) and D)
Correct Answer
verified
Correct Answer
verified
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.
G) A) and E)
Correct Answer
verified
Correct Answer
verified
A) The agency must be created for a lawful purpose, and the person hiring an agent must have contractual capacity.
B) The agency must be created for an equitable as well as a lawful purpose, and the person hiring an agent must have contractual capacity.
C) The agency must be created for a business and lawful purpose, and the person hiring an agent must have contractual capacity.
D) The agency must be created for a lawful purpose; and, although there is no requirement that the person hiring an agent have capacity, the person acting as an agent must have contractual capacity.
E) The agency must be created for an equitable as well as a lawful purpose; and, although there is no requirement that the person hiring an agent have capacity, the person acting as an agent must have contractual capacity.
G) D) and E)
Correct Answer
verified
Correct Answer
verified
A) Expressed agency
B) Implied agency
C) Apparent agency
D) Ratification
E) Endorsement
G) D) and E)
Correct Answer
verified
Correct Answer
verified
A) Agency relationships can be created through expressed agency, but not through implied authority, apparent agency, or through ratification.
B) Agency relationships can be created through expressed agency or through implied authority, but not through apparent agency or through ratification.
C) Agency relationships can be created through ratification, but not through implied authority, apparent agency, or expressed authority.
D) Agency relationships can be created through ratification or expressed agency, but not through implied authority or apparent agency.
E) Agency relationships can be created through expressed agency, implied authority, apparent agency, and ratification.
G) A) and B)
Correct Answer
verified
Correct Answer
verified
A) A specific power of attorney
B) An exact order of authority
C) An exact legal empowerment
D) A limited power of responeat superior
E) A specific power of order
G) B) and C)
Correct Answer
verified
Correct Answer
verified
A) Specific performance
B) Specific recoupment
C) Adequate performance
D) Reformation
E) None of these
G) A) and B)
Correct Answer
verified
Correct Answer
verified
A) No type of agency was in effect because no written agreement was in place by which Jane was Paul's agent.
B) No type of agency was in effect because, in fact, Jane was not Paul's agent.
C) An express agency.
D) An implied agency.
E) An apparent agency.
G) A) and E)
Correct Answer
verified
Correct Answer
verified
B) False
Correct Answer
verified
Correct Answer
verified
A) Principal
B) Employer
C) Fiduciary
D) Trustor
E) Benefitor
G) A) and C)
Correct Answer
verified
Correct Answer
verified
A) Sue will lose because Ronnie was no longer her agent when he revealed the information.
B) Sue will lose because regardless of whether he was working for her or not, he had no legal duty to keep any information confidential.
C) Sue will lose unless she can establish that revealing the information caused her to suffer economic loss.
D) Sue will lose unless she can establish that revealing the information caused her to seek psychological counseling.
E) Sue will win.
G) A) and D)
Correct Answer
verified
Correct Answer
verified
A) Duty of notification
B) Duty of information
C) Requirement of conveyance
D) Constructive notification
E) Constructive information
G) A) and E)
Correct Answer
verified
Correct Answer
verified
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.
G) All of the above
Correct Answer
verified
Correct Answer
verified
A) Resolute
B) Actual
C) Constructive
D) Defined
E) Absolute
G) B) and D)
Correct Answer
verified
Correct Answer
verified
A) An employee
B) An independent contractor
C) An authorized contractor
D) A task-specific contractor
E) A partial contractor
G) B) and E)
Correct Answer
verified
Correct Answer
verified
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.
G) B) and C)
Correct Answer
verified
Correct Answer
verified
A) That the durable power of attorney was ineffective because it did not grant the holder authority to enter into arbitration agreements and that the arbitration agreements, therefore, were unenforceable.
B) That the durable power of attorney was ineffective because it did not specifically give the daughter authority to enter into agreements involving health care and that the arbitration agreements, therefore, were unenforceable.
C) That the durable power of attorney was ineffective because it was revoked after the decedent became ill and that the arbitration agreements, therefore, were unenforceable.
D) That the durable power of attorney was effective but that the arbitration agreements were void as against public policy.
E) That the durable power of attorney was effective and that the agreements to arbitrate would be upheld.
G) B) and D)
Correct Answer
verified
Correct Answer
verified
A) Jason is not due any reimbursement because he did not get permission from Nick before paying ABC Computers.
B) Jason is only due 50% of whatever he paid because he did not get permission from Nick before paying ABC Computers.
C) Jason is not due any reimbursement from Nick unless he can establish that Nick signed a written contract authorizing him to personally pay debts incurred.
D) Jason is not due any reimbursement from Nick unless Jason can establish by a preponderance of the evidence that ABC Computers would not have agreed to take a lesser amount.
E) Jason is entitled to reimbursement from Nick.
G) All of the above
Correct Answer
verified
Correct Answer
verified
A) Yes, because he made the purchase from ABC Computers without mention of Nick.
B) Yes, but only because office equipment is involved.
C) No, because his status was as an agent regardless of whether ABC Computers was aware of that fact.
D) Yes, but only if Nick refused to pay.
E) Yes, but only if Nick were declared judicially insolvent.
G) A) and E)
Correct Answer
verified
Correct Answer
verified
Showing 41 - 60 of 65
Related Exams