Exam 15: Agency

Cameron,editor of the local newspaper,assigned to Jim the writing of a story about pollution of a nearby stream.Although Jim used reasonable care in gathering and checking his information,unknown to Jim,the story contained a defamatory statement about Maureen.Maureen reads the story and sues Jim for libel.Cameron,who read and published the story:

Janet was employed as a sales representative for Esday,Inc.An appreciative customer gave her a diamond bracelet for all her hard work on a complicated contract.Can Janet keep the bracelet?

Brittany asks Tomas if she can buy his 25-acre tract of land.She does not mention that she is acting on behalf of Wheatland Cooperative.Brittany is:

Pamela hired Lena to sell her business.Lena:

An agency relationship can be created:

Victoria is the director of marketing for B & G Corporation.Victoria needed to negotiate an out-of-town contract on behalf of B & G.B & G has a legal duty to reimburse Victoria for the hotel expenses she incurs on the trip to negotiate the contract.

Jackie is an employee for Hardware Store,Inc.When attempting to open a can of bright orange paint,she accidentally spills paint on Maggie,a customer in the store.Maggie claims that her $800 business suit is ruined.The legal liability here can best be described as:

An agency will be terminated in all but which one of the following situations?

Factors influencing whether an employee is acting "within the scope of employment" include all but which of the following?

Jolene hired Lacy to find a buyer for her house.Adam was interested in buying the house.If both Jolene and Adam agree,Lacy,a real estate agent,may represent both parties.

Nikki was a tax accountant with HBR Accounting.Nikki decided to do some tax consulting in the evenings and on weekends.HBR is unaware of Nikki's consulting work.Which statement is correct?

Mrs.O'Leary hired Jenna to sell her house in Michigan.She executed a power of attorney in favor of Jenna authorizing her to do "anything and everything associated with the sale of real estate,acting as a prudent person." On May 30,Jenna finalized a deal with Brandon for the purchase of the house.Brandon and Jenna signed the real estate contract that day.Jenna learned the next day that Mrs.O'Leary had died May 29.The contract is:

Maylin has the authority to delegate her tasks as agent for Brian unless he has expressly restricted her from doing so.

Renee works for a restaurant.One Saturday morning,she and several other employees participate in a "fun run" to benefit a charitable cause.She is not paid for this activity but she and her co-workers wear clothing bearing the company's name.While running through a street,Renee accidentally trips a fellow runner.The runner claims that both Renee and her company are liable for his injuries.Most likely:

What are the requirements for and the effect of a ratification of an agent's unauthorized act?

Jerry agreed to show Sharon's car to a potential buyer.Sharon was not able to be home since she had to attend a meeting.After showing the car,Jerry left the keys in it and the car was stolen.Since Jerry was a gratuitous agent,he:

One potential remedy for an agent's breach of duty is that a principal can recover from the agent any damages the breach has caused.

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 United States.The agency relationship between Larry and Happy Homes may be created by an oral agreement.

Wanting to save the money she would have to pay for a commission,Marsha asks her friend Howard to check on the Internet and see if he can find a five-day cruise to the Bahamas for under $400 and if he does,to book it for her.He agrees,but later tells her he doesn't have time to check for her.Howard is:

An agent must obey any and all instructions of the principal.