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5 Written questions

5 Matching questions

  1. Durable (General or Special) P of A
  2. Undisclosed Principal
  3. Disclosed Principal
  4. How is principal-agency relationship created?
  5. Termination by Acts of Parties
  1. a 1) Employment
    2) Powers of Attorney
  2. b ✦ 3rd Party doesn't know or reasonably shouldn't have known A is P's agent
    ✦ A is personally liable for broken contract
  3. c 1) Completion
    2) Revocations
    3) Quit
    4) Time
  4. d ✦ Agent can continue to act for Principle even when Principle couldn't legally act for himself/herself
    ✦✦ State of Texas ✦✦
  5. e ✦ 3rd Party knows or reasonably should have known A is P's agent
    ✦ Agent has no liability (personal) for broken contract

5 Multiple choice questions

  1. ✦ If Employer-Employee = GENERAL RULE
    ✦ If Independent Contractor = then "boss" is not liable for independent contractor's actions
  2. 1) How is principal-agency relationship created?
    2) What is power of attorney? What are the types?
    3) What contractual liability can agent create for his principle?
    4) What tort liability can agent create for his principle?
    5) What is an independent contractor?
  3. ✦ Relationship between Agent and 3rd Parties (others)
    ✦ Horizontal Authority

    ✦Principle is contractually bound if 3rd party could reasonably believe Agent was authorized to act for Principle - even if they weren't
  4. ✦ When is "boss" responsible for paying employment taxes on workers
    ✦ 20 Factor Test - but not 1 factor is determinate
  5. ✦ Depends
    1) Disclosed Principal
    2) Undisclosed Principal

5 True/False questions

  1. What is Scope of Employment?✦ By acts of parties
    ✦ By operation of law

          

  2. Actual Authority✦ Relationship between Agent and 3rd Parties (others)
    ✦ Horizontal Authority

    ✦Principle is contractually bound if 3rd party could reasonably believe Agent was authorized to act for Principle - even if they weren't

          

  3. Duties of Principle to Agent✦ Fiduciary Duty
    ✦ Follow the Rules - MLB - drug testing & replay

          

  4. Ratification✦ Texas - GENERAL RULE - person is not within scope of employment while commuting to and from work

          

  5. Special P of A✦ Agent authorized to do only specified things for Principle while Principle could legally do them
    ✦ IRS Form 2848

          

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