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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.

A) True
B) False

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The negligence of an agent who is an employee in conducting the business of the principal exposes the principal to tort liability for injury and loss suffered by third persons.

A) True
B) False

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A power given as security creates a relationship of agency and actual authority.

A) True
B) False

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A durable power of attorney differs from a power of attorney in that the durable power of attorney:


A) is a formal written instrument, whereas the power of attorney may be informal and oral.
B) must follow a standardized form set forth in the federal Uniform Durable Power of Attorney Act.
C) becomes effective upon the principal's subsequent incapacity or the agent's authority is not affected by the principal's subsequent incapacity.
D) is governed by Article 3 of the UCC.

E) A) and C)
F) A) and B)

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Which of the following is NOT a major duty, which the agent owes to the principal?


A) Duty to obey instructions.
B) Duty to act in good faith and with loyalty.
C) Duty to indemnify.
D) Duty to exercise care.

E) C) and D)
F) A) and B)

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Because the authority given to an agent by a principal is strictly personal, an individual agent's death terminates the agent's actual authority.

A) True
B) False

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Bob owns a business delivering coffee and donuts within the downtown area of the city. Smith Co. calls him to deliver a large quantity of his products to their local office. While taking a coffee urn through the Smith Co.'s office, Bob drops it on Lester, scalding him. Who is liable?


A) Smith Co. and Bob are liable.
B) Bob alone is liable.
C) Lester has to absorb the cost himself since he assumed the risk by working at Smith Co.
D) Only Smith Co. is liable.

E) None of the above
F) C) and D)

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E-Sign specifically excludes:


A) all transactions covered by the UCC.
B) wills and matters of family law.
C) transactions relating to foreign commerce.
D) All of these.

E) C) and D)
F) None of the above

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The contractual duties owed by a principal to an agent are the duties of:


A) compensation.
B) reimbursement.
C) indemnification.
D) All of these.
E) None of these.

F) A) and E)
G) B) and D)

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Agency relationships are governed primarily by federal statute.

A) True
B) False

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The result of an agent's functioning is exactly the same as if the principal had dealt directly with the third person.

A) True
B) False

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Carson, who is an agent for Peter, breaches his fiduciary duty to Peter. Carson:


A) is liable to Peter for breach of contract.
B) is liable to Peter in tort for any losses caused by the breach.
C) must make restitution for any profits or property received in breach of this duty.
D) All of these are correct.

E) A) and C)
F) C) and D)

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In some states, the authority of an agent to sell land must be in writing and signed by the principal.

A) True
B) False

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A gratuitous agent:


A) is a paid agent.
B) is subject to the same duty of loyalty as other agents.
C) has no duty of diligence.
D) need not be reimbursed for her expenses.

E) B) and D)
F) A) and B)

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A gratuitous agency is not a true agency because it is not formed by contract.

A) True
B) False

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False

Identify the following parties and relationships. a. Patricia hires Andrew, an attorney, to negotiate a contract to purchase some property. She agrees to pay him $75 an hour for his services, and he agrees to use his own office and secretarial staff to negotiate and draft the agreement. b. Mel owns a retail store. He hires Sarah to work for him as a clerk in the home furnishings department. c. Carl is the general contractor for the construction of a large office complex. Carl hires Ed's Electric Company to do all of the wiring for the building. d. Incellmed Corporation hires Bob as an outside salesman and instructs him to call on customers in a specified territory and to solicit orders for their products. e. Marlin, who is the owner of Marlin's Department Store, hires Melissa as the general manager of his new branch in the Hillridge Mall.

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a. Patricia is a principal, and Andrew i...

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A principal owes to any agent the same duties under tort law that the principal owes to all parties.

A) True
B) False

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If an agency is gratuitous, the principal ordinarily may revoke it without liability to the agent.

A) True
B) False

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True

Mark (age 16) appoints Joe (age 21) as his agent to purchase a digital camcorder from Electronic World. The transaction is:


A) void because Mark is a minor.
B) voidable by Electronic World because Mark is a minor.
C) voidable by Mark because he is a minor.
D) not voidable because Joe is not a minor.

E) B) and D)
F) A) and B)

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C

The agent may be subject to liability to her principal for breach of the duty of obedience if she:


A) entered into an authorized contract and the principal has changed her mind.
B) delegates her authority in any way and under any circumstances.
C) committed a tort for which the principal is now liable.
D) All of these.

E) B) and D)
F) B) and C)

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