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Berry indicates that she is acting as an agent on behalf of an unidentified client-Cuisine Catering,LLC-when she enters into a contract with Désean. -Refer to Fact Pattern 27-2. Cuisine Cateringis


A) a disclosed principal.
B) an apparent agent.
C) an undisclosed principal.
D) a partially disclosed principal.

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An agency can terminate once its purpose is achieved.

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Picabo drives a truck as an employee for Quik Delivery,Inc.Picabo would most likely be considered acting outside the scope of her employment if she


A) crashed into a car at the airport while off duty.
B) hit a pedestrian in a parking lot during a "working" lunch.
C) ran over an attendant at Quik's gas station while refueling the truck.
D) smashed into a store-front while intoxicated on-duty.

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Agency relationships normally are consensual.

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Limon,an agent for Mindwonder Games LLC,executes an unau-thor-ized contract with NOW Marketing,Inc. The deal is highly ad-vanta-geous to Mindwonder,and the company ratifies the con-tract. The contract is


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

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Nadya and Owen work at Purified Water Company. Nadya is a sales representative who works with Purified's customers,including restaurants,grocery stores,and other businesses,as well as individual consumers. Purified closely supervises all of its sales reps,and dictates their schedules. Owen is an engineer who works in Purified's water treatment plant. -Refer to Fact Pattern 27-1. With respect to third parties,Owen is Purified's


A) employee,agent,and independent contractor.
B) employee and agent.
C) employee but not agent.
D) independent contractor.

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Berry indicates that she is acting as an agent on behalf of an unidentified client-Cuisine Catering,LLC-when she enters into a contract with Désean. -Refer to Fact Pattern 27-2. Liability to Déseanfor nonper-formance of the con-tract may be imposed on


A) none of the choices.
B) Berry and Cuisine Catering.
C) Berry only.
D) Cuisine Cateringonly.

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Spicy Wonder Hot Dog Vendors,Inc.,grants its agent Teona an exclusive terri-tory in which to sell Spicy Wonder Hot Dog products. Spicy Wonder Hot Dog cannot compete with Teona in that territory under the principal's duty of


A) compensation.
B) cooperation.
C) indemnification.
D) reimbursement.

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The relationship between a principal and an independent contractor cannot involve an agency relationship.

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Under the doctrine of respondeat superior,an agent is liable for any harm caused to a principal by a third party.

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Jim agrees to act on Joyce's behalf,subject to her control,and Joyce trusts Jim to so act. They set out the terms in a written document,which they both sign. This is


A) an agency by agreement.
B) an agency by estoppel.
C) anagency by operation of law.
D) not an agency relationship.

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Independent contractors have no control over the details of their work performance.

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Churchy hires Danielle,a real estate broker,to act as his agent to sell his land for $150,000. Oil is discovered beneath the land,causing its market value to in-crease considerably. The agency agreement is likely


A) continued with a proportionate increase in Danielle's sales commission.
B) continued until Danielle tells prospective buyers of the discovery.
C) terminated by act of the parties.
D) terminated by operation of law.

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


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

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Quince owns a used-car lot where Ray works as a salesperson. Quince tells Ray not to make any warranties for the cars. To make a sale to Sylvia,however,Ray adds a 50,000-mile warranty. Later,Sylvia sues Quince for breach of warranty. Quince's right to hold Ray liable for any damages he has to pay is the right of


A) avoidance.
B) cooperation.
C) indemnification.
D) reimbursement.

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Geoff serves in a representative capacity for Huck. To accomplish the objectives of this relationship,Geoff's authority can be implied


A) by contradiction.
B) by custom.
C) by lack of reason.
D) under no circumstances.

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Jewelry & Coin Company hires Kelly Ann to buy gems and precious metals from various sources on its behalf. In this relationship,Jewelry & Coin is


A) an employee.
B) an independent contractor.
C) aprincipal.
D) anagent.

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Dimitri,a certified public accountant and an investor,and Elinor,an in-surance salesperson and a realtor,may create an agency relationship for


A) a legal business purpose only.
B) any legal purpose.
C) any legal or illegal purpose.
D) no purpose.

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Cory employs Dash Delivery Agency as an agent under a writ-ten agreement that describes the rights and duties of both parties. This is


A) apparent authority.
B) equal authority.
C) express authority.
D) implied authority.

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Vicarious liability is direct liability.

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