Exam 15: Special Forms of Contracts

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Why can apparent agency be created only by representations of the principal,but not the supposed agent?

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When a party represents that someone is her agent,the party making the representations is creating potential liability for herself,and the law will hold her liable.When someone makes representations that she is someone's agent,the person making the representations is creating liability for another.Assuming that the purported principal had no role in the representations,it would not be fair to impose liability on the purported principal because there would be no way for the purported principal to know about or control the representations of others claiming to be her agent.

An agency relationship is created by the mutual consent of a principal and an agent.

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An agent can be held liable on any contract negotiated by the agent on behalf of the principal.

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The Labor-Management Reporting and Disclosure Act establishes the rights of the employer.

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Which of the following best describes a negotiable promissory note?

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An agent may continue to represent the principal even after the agency relationship is terminated.

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Sandy signs a negotiable instrument that orders Sally to pay $1,000 to the order of Pat on May 4,2001.What type of instrument is this?

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The Labor-Management Relations Act gives the President the right to seek an injunction to stop a strike that would create a national emergency.

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An agency always requires:

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Which of the following is true about drafts?

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In an undisclosed agency,both the principal and the agent are liable on the contract with the third party.

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An undisclosed agency exists where the third party is aware that the party he is dealing with is an agent,but does not know the identity of the principal.

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Which of the following would not terminate an agency by operation of law?

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An agency arrangement can be terminated by:

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A check is a form of draft that is drawn on a bank.

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The bankruptcy of which party(ies)will cause an agency to terminate?

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Generally,if an agent negligently injures a third party within the scope of the agency,the principal can be held liable even if the agent was violating the instructions of the principal.Is this fair to the principal? What is the justification for this rule?

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Some subjects,such as wages and hours,are compulsory subjects of collective bargaining.

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A drawee is not liable on a draft until the drawee has accepted it.

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A sight draft that arises when credit is extended with the sale of the goods is known as:

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