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5 Written questions

5 Matching questions

  1. What is Scope of Employment?
  2. Contractual Liability of Agent to 3rd Party - Is A personally liable to 3rd party under contract negotiated for P?
  3. General P of A
  4. Can Agent Contractually Obligate Principle?
  5. Agent (A)
  1. a Yes! If A had the authority to enter into the contract
  2. b ✦ Depends
    1) Disclosed Principal
    2) Undisclosed Principal
  3. c ✦ Person who acts for another
  4. d ✦ Work expressly directed to be performed
    ✦ Work reasonably incidental to work expressly directed
  5. e ✦ 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

5 Multiple choice questions

  1. ✦ When is "boss" responsible for paying employment taxes on workers
    ✦ 20 Factor Test - but not 1 factor is determinate
  2. ✦ Fiduciary Duty
    ✦ Follow the Rules - MLB - drug testing & replay
  3. ✦ Agent can continue to act for Principle even when Principle couldn't legally act for himself/herself
    ✦✦ State of Texas ✦✦
  4. ✦ Person who has somebody else work (act) for him/her
  5. 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

5 True/False questions

  1. 20 Factor Test1) 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. 5 Things to Know about Agency Law1) Actual
    2) Apparent


  3. 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


  4. 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


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