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The principal has a duty to indemnify the agent for losses incurred or suffered while acting as directed by the principal in a transaction which is not illegal or wrongful.

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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All of the following except which one is a duty of an agent?


A) Account for money received on behalf of his principal.
B) Inform his principal of any information relevant to his agency.
C) Refrain from competing with his principal.
D) After the agency is terminated, refrain from using any information gained while an agent.

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

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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:


A) liable because she violated her duty of obedience.
B) liable because she breached her duty to inform.
C) not liable since she has apparent authority to take the check.
D) not liable unless she knew her friend did not have the money in the bank.

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

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

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Whether an agency relationship has been created is determined by using a subjective test.

A) True
B) False

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Authority conferred upon an agent for a specified time does not continue after the specified time.

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

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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 principal may generally revoke the authority of an agent at any time.

A) True
B) False

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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.

A) True
B) False

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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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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) A) and D)
F) None of the above

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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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Which of the following will terminate an agency coupled with an interest?


A) The death of the principal.
B) The bankruptcy of the principal.
C) The incapacity of the principal.
D) None of the above will terminate such an agency.

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

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Harold,a painter,contracts to paint a portrait of Irene.However,he has one of his students do the actual work.This is a proper delegation of authority to an agent.

A) True
B) False

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Agency relationships are governed primarily by federal statute.

A) True
B) False

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Victor negligently led Gus to believe that Brenda had the authority to act on Victor's behalf.If Brenda had no authority but Gus reasonably and in good faith relied on Brenda's apparent authority:


A) Victor can be liable to Gus for Gus's loss suffered because of his reliance.
B) Victor cannot be held liable to Gus because Brenda had no actual authority.
C) only Brenda can be held liable for any loss Gus suffered because of his reliance.
D) Gus must bear any loss because he did not determine the extent or existence of Brenda'a authority.

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

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Which of the following agents would not have authority to contract with third parties on behalf of the principal? a.A salesman who sells his employer's goods. b.A manager who hires employees for the store owner. c.A factory worker hired to operate a machine. d.A buyer who regularly buys merchandise for a store. e.All agents have authority to contract with third parties on behalf of their principals.

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a.A fiduciary is someone who acts for so...

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A(n) __________ is a person in a position of trust and confidence who has a duty of utmost loyalty and good faith.


A) fiduciary
B) servant
C) independent contractor
D) principal

E) B) and D)
F) All of the above

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