Exam 32: B: Agency Formation and Duties

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Miracle Motors employs Norris as a sales agent for a trial period.At the end of the period,Miracle Motors and Norris disagree on the amount of the commissions Norris is due for sales that he made.Norris may demand

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B

Independent contractors have no control over the details of their work performance.

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False

Acts of a purported agent in and of themselves can create an agency by estoppel.

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Jill introduces Kelly to her friends as "my associate." Kelly purports to act as Jill's agent in several business transactions with those friends.If Jill is liable for Kelly's actions,it will be under

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A principal does not have the right to control an agent's conduct in matters entrusted to the agent.

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An agent has a duty to keep and make available to the principal an account of all property and funds received and paid out on behalf of the principal.

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When an agency relationship is gratuitous,the agent does not act in exchange for payment.

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Normally,all employees who deal with third parties are deemed to be agents.

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A principal owes an agent a duty of estoppel.

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Diego is a truck driver for Entertainment Supplies Company (ESC).Diego does exactly what ESC tells him.Diego is

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Employment laws do not apply to independent contractors.

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Delicious Coffee Company hires Elton to sell Delicious's products in a certain area.Delicious agrees to pay Elton a salary,plus commission,for a trial period.They also agree that Elton can sell using any methods and during any hours that seem appropriate.The key factor in whether Elton is Delicious's employee is

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Glen is an agent for Hi-Flite,Inc.On Hi-Flite's behalf and at its request,Glen pays Ian for certain plane maintenance and repair serv?ices.Glen's right to obtain the amount of those payments from Hi-Flite arises under the principal's duty of

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An agent is authorized to act on behalf of a principal in doing business with third parties.

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A person must have contractual capacity to be an agent.

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When an agent fails to perform his or her duties,liability for breach of contract may result.

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A principal owes his or her agent a duty to act in good faith.

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Calvin is a minor.In most states,Calvin may be

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Bob,a salesperson at a Carpets Galore store,tells Dita,a customer,"Buy your carpet here,and I'll install it for half of what the store would charge." Dita buys the carpet,which Bob in?stalls for half the store's price.Bob keeps the money.Bob has breached

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Agency relationships normally are consensual.

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