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Watercraft Inc. employs Vern as a sales agent for a trial period. At the end of the period, Watercraft and Vern disagree on the amount of the commissions Vern is due for sales that he made. Vern may demand


A) a constructive trust.
B) an accounting.
C) nothing.
D) specific performance.

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Ingmar asks Jess to contract with Kay's Lawn Service to maintain Ingmar's lawn. Jess orally agrees to do so. This is an agency by


A) agreement.
B) estoppel.
C) operation of law.
D) none of the choices.

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A truck driver who drives a company truck on a regular basis is most likely an employee.

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Actual authority in an agency relationship arises from what a principal makes clear to a third party.

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Curly Fries Inc. grants its agent Dian an exclusive territory in which to sell its products. The company cannot compete with Dian in that territory under the duty of


A) none of the choices.
B) cooperation.
C) indemnification.
D) reimbursement.

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Agency relationships cannot exist outside an employment, so agency law has a narrower reach than employment law.

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A property owner who hires a realtor to sell a property thereby enters into an agency relationship with an employee for a limited time.

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An agent must keep confidential any information acquired through an agency during the term of the relationship, but can disclose it after the agency ends.

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Rosario is a chef and caterer who hires out on a per-project basis to companies with on-location work sites, as well as to the hosts of banquets and other events. In this capacity, Rosario is


A) an agent.
B) an employee.
C) an independent contractor.
D) a principal.

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Apparent authority in an agency relationship arises when the principal causes the agent to reasonably believe that he or she has the authority to act.

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Miklos employs Nathalie to handle a list of financial transactions on Miklos's behalf. This power will terminate on


A) any transaction causing a loss to Miklos.
B) Miklos's death or incapacity.
C) Miklos's sixty-fifth birthday.
D) Nathalie's handling of one of each stipulated transaction.

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A person who cannot legally enter into a certain contract directly can do so indirectly through an agent.

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Lev, an agent for Mill Grains LLC, executes an unauthorized contract with National Grocers Inc. The deal is highly advantageous to Mill Grains, and the company ratifies the contract. The contract is


A) valid.
B) vicarious.
C) void.
D) voidable.

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An agency relationship can arise by ratification, which involves a determination of intent expressed by words or conduct.

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An agency relationship is based on the attributes of power, control, and financial self-interest-not the trust and confidence of a fiduciary relationship.

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Larry is an agent for Mary. She gives him clear instructions to enter into contracts on her behalf only on Mondays, Wednesdays, or Fridays. He enters into a contract on her behalf on Tuesday. Larry has breached


A) no duty.
B) the duty of loyalty.
C) the duty of performance.
D) the duty of obedience.

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A gratuitous agent can be liable to a principal for breach of contract, even in the absence of a contract, but not liable for the negligent performance of the deal.

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Bread Company hires Craig to sell the company's products in a certain area. Bread agrees to pay Craig a salary, plus commission, for a trial period. They also agree that he can sell using any methods and during any hours that seem appropriate. The key factor in whether Craig is Bread's employee is


A) the amount of the salary.
B) the degree of the employer's control over the details of the work.
C) the length of the trial period.
D) the size of the sales area.

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A principal may be liable for an agent's or an employee's tort, with the exception of negligence, which is an unintentional tort for which the agent or employee is vicariously liable.

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Clark hires Dell, a real estate broker, to sell his beach house. The house is destroyed in a storm before it can be sold. Dell is Clark's agent


A) until Clark's insurer pays Dell's commission.
B) until the destroyed house is sold.
C) until the destroyed house is rebuilt and sold.
D) no more.

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