Exam 34: Liability to Third Parties and Termination

According to the text,which of the following is not a factor considered by courts in determining whether an act committed by an employee occurred within the course and scope of employment?

Which of the following specifies that the agent's authority is intended to continue beyond the principal's incapacitation?

Carlos wants to purchase a lot,owned by Sarah,that is next door to Sarah's home.Carlos knows Sarah will not sell the lot to him because of his barking dogs that she dislikes.Carlos agrees with Jasmine that Jasmine will purchase the lot from Sarah for him.Jasmine and Sarah reach an agreement and enter into a contract whereby Sarah is to sell the lot to Jasmine for a price within the scope of Jasmine's authority.Jasmine tells Sarah nothing about her plan to later transfer the lot to Carlos.Before title to the lot is transferred to Jasmine,Carlos tells Jasmine that he no longer wants the lot.Jasmine tells Sarah about Carlos.Sarah tells Jasmine that as far as she is concerned,Jasmine has bought the lot.Sarah says that she plans to move anyway and really does not care whether Jasmine or Carlos ends up with the lot.She just wants her money and is unconcerned about barking dogs,which will be the next owner's problem.Which of the following is true regarding whether Jasmine is personally bound on the contract with Sarah?

A power of attorney is a special type of express agent authority.

Agents who go beyond their authority when the principal is disclosed or partially disclosed are liable to third parties for breach of contract,not breach of implied warranty.

If an agent makes a contract with a third party that expressly excludes the principal from the contract,which statement effectively describes the liability of the principal?

How long does an agent's apparent authority continue once an agency relationship is terminated?

[Beach Home] Wendy hires Rob to find and negotiate a price for her perfect vacation home.Rob previously helped Wendy find a home and Wendy was very satisfied with his service.Wendy had many demands for her dream vacation home and told Rob that each demand was nonnegotiable.Wendy desired her home to have five bedrooms,seven bathrooms,a large master suite with a balcony,a pool house,and she wanted the property to be within a block of the beach.Rob informed Wendy this was a high demand and he was not confident he could find a property that met all of Wendy's requirements within her price range.Wendy thought Rob was underestimating himself and told him that she was not willing to budge.Rob finds a home that meets all of her requirements,except it is five blocks from the beach.Rob informed the seller he was working on behalf of a principal and the property met all of her requirements.Rob negotiates an outstanding price and is excited to share it with Wendy.Rob tells Wendy about the stellar price and Wendy is devastated that the property is not in her defined location.She immediately calls the seller to rescind the offer but the seller declines,stating the offer is binding because as the seller knew,Rob had authority to contract and the seller was not aware of Wendy's requirements. -What is Wendy's best cause of action?

Which of the following is true regarding whether Sakura is personally bound on the contract with Gwen?

Which of the following is true regarding whether Greg has any right of recovery against Simone for his injured foot?