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5 Written Questions

5 Matching Questions

  1. What is Scope of Employment?
  2. Can Agent Contractually Obligate Principle?
  3. General P of A
  4. Types of Powers of Attorney
  5. Durable (General or Special) P of A
  1. a ✦ Agent can continue to act for Principle even when Principle couldn't legally act for himself/herself
    ✦✦ State of Texas ✦✦
  2. b ✦ Agent authorized to do everything Principle could legally do while Principle could legally do it
    ✦ If they aren't able to do something, then you can't act for them
  3. c Yes! If A had the authority to enter into the contract
  4. d 1) General
    2) Special
    3) Durable
  5. e ✦ Work expressly directed to be performed
    ✦ Work reasonably incidental to work expressly directed

5 Multiple Choice Questions

  1. ✦ Depends
    1) Disclosed Principal
    2) Undisclosed Principal
  2. ✦ When is "boss" responsible for paying employment taxes on workers
    ✦ 20 Factor Test - but not 1 factor is determinate
  3. ✦ Fiduciary Duty
    1) Obedience - if legal
    2) Reasonable care
    3) Loyalty
    4) Duty to account for $
    5) Duty to notify regarding changed customers
  4. ✦ 3rd Party doesn't know or reasonably shouldn't have known A is P's agent
    ✦ A is personally liable for broken contract
  5. ✦ Texas - GENERAL RULE - person is not within scope of employment while commuting to and from work

5 True/False Questions

  1. Termination by Acts of Parties1) Completion
    2) Revocations
    3) Quit
    4) Time

          

  2. Disclosed Principal✦ 3rd Party knows or reasonably should have known A is P's agent
    ✦ Agent has no liability (personal) for broken contract

          

  3. Employer-Employee or Independent Contractor?Principle is not liable because of what Principle did, but because P's Agent did something for which P is held responsible

          

  4. Actual Authority✦ Relationship between Principle and Agent. Agent acts under Principle's authority.
    ✦ Vertical Authority

    1) Express - clear, unequivocal authorization
    2) Implied - everything reasonably and customarily necessary

          

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

          

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