Exam 10: Contract Law: Working With Agents

P enters into a contract with A according to which A is to deliver a crate of P's watermelons to a customer in another State by a certain date.The delivery is delayed by flooding, and rather than allow the watermelons to perish, A sells them to local buyers along the way.P sues A for compensation.Could A successfully argue that they had the authority to sell the watermelons on P's behalf?

If an agent does an act that they were expressly instructed by the principal not to do, and the act is beyond the scope of their express or apparent authority, what will generally happen if the act is a tort that causes harm to a third party?

Which of the following is not true of ratification?

Authority by necessity is the authority of an agent that:

A 'special agent', in a legal context, is best defined as someone who:

Complete loss of intellectual/legal capacity on the part of the principal will:

James Pierce is a Sydney pet shop owner who frequently orders litters of pedigree puppies from interstate.These are delivered by rail to a local station where James collects them.On one particular occasion, due to industrial action in Sydney, James cannot make it to the station to collect a litter.Jeff, the manager of the rail yard, sees the train arrive and, after a time, takes the liberty of arranging for the litter to be put into a nearby pet hotel for the weekend, fearing that they will not survive at the rail yard in the summer heat.James, upset at the high cost of the pet hotel, refuses to honour the contract Jeff has made with the hotel owners.Which of the following matters is not relevant in determining whether or not James must pay the hotel bill?

A mercantile agent is an agent who:

Freud Fallis, an organisational psychologist with the Australian Tax Department ('ATD'), has long been complaining to management about the drabness of the ATD's offices and its detrimental effect on staff morale.Weary of his persistence in championing unorthodox ideas, ATD's management decide that Freud's contract will not be renewed.After this decision is communicated to Freud, as a 'last hurrah' and without express authority, he moves ahead his plans to engage the producers of a 60-minute makeover television show to revamp the ATD's offices on a weekend.To Freud's surprise the ATD's management is not happy with the erotic sculptures, strobe lighting and psychedelic wallpaper the decorators use.Which of the following would mean that the ATD is not liable to pay the show's producers?

A gratuitous agent is:

When a principal tells an agent not to enter into a contract or behave in a particular manner and the agent does so regardless, the principal will still be liable for the legal consequences of the agent's act provided that, among other things:

Which of the following is not a requirement for establishing that an agent has apparent authority?

Brokers are in the business of:

An agent who acts without actual authority but with apparent authority is likely to be:

Where a third party contracts with an undisclosed principal via an agent, the principal will still be able to enforce the contract with the third party unless:

The word remuneration is closest in meaning to the word:

A del credere agent:

A is authorised by P to negotiate a contract with T on P's behalf.A will be personally liable to T if they fail to:

Generally speaking, when will a person become expressly authorised to act as agent for a principal?

An agent will have 'authority by estoppel' to bind the principal in circumstances in which the agent: