Exam 28: Relationship of Principal and Agent

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Diane appoints Edward as her agent to sell goods in markets where the highest price can be obtained. Edward sells the goods in a market that is glutted and obtains a low price, even though he could have obtained a higher price in a nearby market by using more care in obtaining the available market information. Edward is liable to Diane for breach of the duty of diligence.

(True/False)
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A gratuitous agent:

(Multiple Choice)
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After an agency terminates, the agent is free to disclose to third persons any information acquired during the agency relationship.

(True/False)
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What is an independent contractor? Can an independent contractor also be an agent? Explain.

(Essay)
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The concept of conflict of interest as it relates to the law of agency includes which of the following?

(Multiple Choice)
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An agent must act solely in the interest of his principal in all acts that would affect the principal's business.

(True/False)
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Prentice and Mercedes are partners in a catering business. The law of agency:

(Multiple Choice)
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Agency law is basic to almost every other branch of business law.

(True/False)
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An agent's duty to inform:

(Multiple Choice)
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All employees are agents, but not all agents are employees.

(True/False)
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The capacity to act through an agent, depends on the capacity of the agent to do the act.

(True/False)
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Carolyn, a cashier at Tops Supermarkets, may cash checks for up to $20 over a purchase amount. A friend needs money for a dress so Carolyn cashes a check for $50 with no purchase. The check bounces. Carolyn is:

(Multiple Choice)
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E-Sign specifically excludes:

(Multiple Choice)
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The fiduciary duty of an agent has no bearing upon his ability to act on behalf of a competitor of his principal.

(True/False)
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An agent may not make a secret profit from any transaction subject to the agency.

(True/False)
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All of the following except which one is a duty of an agent?

(Multiple Choice)
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An "electronic agent" is not a true agent since it is not a person.

(True/False)
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A power given as security creates a relationship of agency and actual authority.

(True/False)
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A fiduciary duty, arising out of a relationship of trust and confidence, is one of utmost loyalty and good faith.

(True/False)
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If an agency is gratuitous, the principal ordinarily may revoke it without liability to the agent.

(True/False)
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