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5 Written questions

5 Matching questions

  1. How is principal-agency relationship created?
  2. Durable (General or Special) P of A
  3. Vicarious Liability or Respondeat Superior
  4. Duties of Agent to Principle
  5. Notice to A =
  1. a = Notice to P
    ✦ If A's receipt of notice is within A's actual or apparent authority
  2. b ✦ Fiduciary Duty
    1) Obedience - if legal
    2) Reasonable care
    3) Loyalty
    4) Duty to account for $
    5) Duty to notify regarding changed customers
  3. c ✦ Agent can continue to act for Principle even when Principle couldn't legally act for himself/herself
    ✦✦ State of Texas ✦✦
  4. d Principle is not liable because of what Principle did, but because P's Agent did something for which P is held responsible
  5. e 1) Employment
    2) Powers of Attorney

5 Multiple choice questions

  1. 1) Instructions, 2) Training, 3) Integration, 4) Services Rendered Personally, 5) Hiring, Supervising, & Paying, 6) Continuing Relationship, 7) Set Hours of Work, 8) Full-Time Required, 9) Doing Work on Employer's Premises, 10) Order or Sequence Set, 11) Oral or Written Reports, 12) Payment by Hour, Week, or Month, 13) Payment of Business and/or Traveling Expenses, 14) Furnishing Tools and Materials, 15) Significant Investment, 16) Realization of Profit or Loss, 17) Working for More Than One Firm at a Time, 18) Making Service Available to General Public, 19) Right to Discharge, 20) Right to Terminate
  2. ✦ By acts of parties
    ✦ By operation of law
  3. ✦ Work expressly directed to be performed
    ✦ Work reasonably incidental to work expressly directed
  4. ✦ Person who acts for another
    ✦"employee/worker"
  5. Utmost loyalty, trust, and good faith in dealings between P and A

5 True/False questions

  1. GENERAL RULEEmployer (P) IS LIABLE for a tort committed by his or her Employee (A) if the tort was WITHIN THE SCOPE OF THE EMPLOYEE"S EMPLOYMENT

          

  2. Ratification✦ Person who acts for another
    ✦"employee/worker"

          

  3. Can Agent Contractually Obligate Principle?✦ Fiduciary Duty
    1) Obedience - if legal
    2) Reasonable care
    3) Loyalty
    4) Duty to account for $
    5) Duty to notify regarding changed customers

          

  4. Undisclosed Principal✦ 3rd Party doesn't know or reasonably shouldn't have known A is P's agent
    ✦ A is personally liable for broken contract

          

  5. Tort Liability of P for A's Actions✦ By acts of parties
    ✦ By operation of law

          

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