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5 Written questions

5 Matching questions

  1. Termination of P of A
  2. Contractual Liability of Agent to 3rd Party - Is A personally liable to 3rd party under contract negotiated for P?
  3. Vicarious Liability or Respondeat Superior
  4. Can Agent Contractually Obligate Principle?
  5. Termination by Acts of Parties
  1. a Yes! If A had the authority to enter into the contract
  2. b Principle is not liable because of what Principle did, but because P's Agent did something for which P is held responsible
  3. c ✦ By acts of parties
    ✦ By operation of law
  4. d 1) Completion
    2) Revocations
    3) Quit
    4) Time
  5. e ✦ Depends
    1) Disclosed Principal
    2) Undisclosed Principal

5 Multiple choice questions

  1. 1) Actual
    2) Apparent
  2. 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
  3. Employer (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
  4. ✦ Texas - GENERAL RULE - person is not within scope of employment while commuting to and from work
  5. Utmost loyalty, trust, and good faith in dealings between P and A

5 True/False questions

  1. How is principal-agency relationship created?1) Employment
    2) Powers of Attorney


  2. Types of Powers of Attorney1) Actual
    2) Apparent


  3. Principle (P)✦ Person who has somebody else work (act) for him/her


  4. Revenue Ruling 87-41✦ When is "boss" responsible for paying employment taxes on workers
    ✦ 20 Factor Test - but not 1 factor is determinate


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


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