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Which of the following holds the principal-employer liable for any harm caused by the agent-employee during the time that the agent-employee is working for the principal?


A) Vicarious liability
B) Responsible liability
C) Comparative liability
D) Contributory liability
E) There is no such concept

F) A) and D)
G) B) and E)

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A

Which of the following is the most typical way in which to provide constructive notice of agency termination?


A) By telephone
B) By letter
C) By posting a notice at the courthouse
D) By newspaper publication
E) By e-mail

F) A) and E)
G) B) and E)

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While making a delivery,Barry,a delivery driver for XYZ Company,went through the drive through at a local restaurant to get a cup of coffee and bumped into the car in front of him doing some damage to the car's bumper.Which of the following is true regarding the liability of XYZ Company for the damage to the car?


A) As a matter of law, XYZ Company is not liable because Barry was acting on his own behalf.
B) As a matter of law, XYZ Company is not liable because only property damage is involved.
C) As a matter of law, XYZ Company is liable because a company is liable for any torts committed by an employee during working hours.
D) Whether or not XYZ Company is liable depends on whether Barry's acts are seen as substantial departure from his work.
E) Whether or not XYZ Company is liable depends on how long Barry has worked for the company.

F) All of the above
G) B) and D)

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If John pays for the damage to Joan's car,does he have any remedy against Manny?


A) If John covers Joan's damages, then John may receive full reimbursement from Manny based upon the right of indemnification.
B) If John covers Joan's damages, then John is not entitled to any reimbursement from Manny.
C) If John covers Joan's damages, John is only entitled to reimbursement from Manny for 50% of whatever he paid.
D) Any recovery John receives from Manny will be based upon principles of comparative negligence.
E) Any recovery John receives from Manny will be based upon principles of contributory negligence.

F) A) and E)
G) A) and D)

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Which of the following allows an agent to conduct all business for the principal?


A) Special power of attorney
B) General power of attorney
C) Acknowledged power of attorney
D) Durable power of attorney
E) Equal power of attorney

F) A) and D)
G) B) and C)

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Agents who go beyond their authority when the principal is disclosed or partially disclosed are liable to third parties for breach of contract,not breach of implied warranty.

A) True
B) False

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Which of the following is true regarding any liability John has to Sandy?


A) John has no liability to Sandy.
B) John has liability to Sandy under the theory of misrepresentation but only if Connie is insolvent.
C) John is liable to Sandy under the theory of negligence.
D) John is liable to Sandy for only 50% of any damages she can prove.
E) John is liable to Sandy under the theory of misrepresentation.

F) A) and B)
G) A) and C)

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There are two basic types of power of attorney: special and allocated.

A) True
B) False

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False

Which of the following was the result in Iglesia Cristiana La Casa Del Senor Inc.,Etc.v.L.M.,the case in which an alleged victim sued the former pastor and a church alleging the pastor had sexually assaulted her when she was a minor?


A) That the assault did not occur within the scope of the pastor's employment and that the church was not vicariously liable for his act.
B) That the assault occurred within the scope of the pastor's employment and that the church was vicariously liable for his act.
C) That although the assault did not occur within the scope of the pastor's employment, the church was vicariously liable for the act because of its criminal nature.
D) That the church was vicariously liable because it knew of the criminal act but did nothing.
E) That regardless of whether or not the assault occurred within the scope of the pastor's employment, the church was vicariously liable because it had negligently hired the priest.

F) A) and B)
G) B) and C)

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A

Which of the following is not necessarily a means may an agency relationship be terminated?


A) Fulfillment of purpose
B) Occurrence of a specific event
C) Revocation of authority
D) Insolvency of the principal
E) Renunciation by the agent

F) B) and D)
G) A) and D)

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Which of the following is true regarding whether Susie is personally bound on the contract with Gwen?


A) Susie is not personally bound because she was acting on behalf of Bobby.
B) Susie is personally bound unless she can establish that Gwen would not have sold her the book if she had known that Bobby was involved.
C) Susie is personally bound unless she can establish that Bobby has the funds with which to pay Gwen.
D) Susie is not personally bound unless Bobby is legally insolvent.
E) Susie is personally bound.

F) B) and D)
G) C) and D)

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As set forth in the text,which of the following is true regarding respondeat superior in Iraq?


A) Iraq applies the same concept of respondeat superior as the U.S.
B) Iraq's law is influenced in part by classical Islamic law which suggests that those who cause harm should repair it.
C) Iraqi law contains no exceptions under which respondeat superior principles are permitted.
D) Through a specific enactment, government municipalities may not be held liable for acts of employees.
E) The concept of respondeat superior is irrelevant in Iraq because civil actions for injury are not allowed.

F) B) and D)
G) All of the above

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List and define the two basic types of power of attorney.Also discuss in what way a durable power of attorney is different from a power of attorney not so designated.

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A special power of attorney grants the a...

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Which of the following is true regarding liability of an agent acting within his or her authority on a contract involving an undisclosed principal?


A) The law will likely hold the agent liable for the agreement.
B) The law will hold the agent liable for the agreement unless the contract the agent had with the principal expressly provided that the agent would not be held liable in such cases.
C) The law will hold the agent liable for the agreement unless the contract the agent had with the principal impliedly or expressly provided that the agent would not be held liable in such cases.
D) The law will hold the agent liable for the agreement unless a contract for under $1,000 is involved in which case only the principal would be held liable.
E) The law would not hold the agent liable on the agreement.

F) B) and C)
G) A) and E)

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When an employee commits a tort within the scope of the agency,which of the following is true regarding liability of a principal who controls the employee's behavior?


A) The employer is liable.
B) The employer is not liable because as a matter of public policy, a person is singularly liable for his or her torts.
C) In order to give the employer a chance to evaluate the employee, the employer is liable only if the employee has worked for the employer for at least thirty days.
D) In order to give the employer a chance to evaluate the employee, the employer is liable only if the employee has worked for the employer for at least seven days.
E) In order to give the employer a chance to evaluate the employee, the employer is liable only if the employee has worked for the employer for at least six months.

F) D) and E)
G) All of the above

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An employee's significant deviation from the employer's business is often referred to as a _______.


A) Spree of his own choosing
B) Romp against instruction
C) Leisure against direction
D) Pleasure seeking spree
E) Frolic of his own

F) D) and E)
G) All of the above

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Which of the following is true regarding whether Greg has any right of recovery against Susie for his injured foot?


A) Greg has no right of recovery against Susie because of her status as an employee.
B) Greg has no right of recovery against Susie because she did not intentionally harm him.
C) Greg has a right of recovery against Susie only if Christy cannot be located for service of process.
D) Greg has a right of recovery against Susie only if Christy is bankrupt.
E) Greg has a right of recovery against Susie.

F) A) and C)
G) C) and D)

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Which of the following is true if an agent has no authority to act on behalf of a principal,but the agent still enters into a contract with a third party?


A) The principal is bound only if the principal is a disclosed principal.
B) The principal is bound only if the principal is an unidentified principal.
C) The principal is bound only if the principal is a partially disclosed principal.
D) The principal is bound unless the principal can establish clearly and convincingly that the agent was expressly barred from engaging in the conduct at issue.
E) The principal is not bound unless the principal ratifies the agreement.

F) C) and E)
G) B) and E)

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Set forth the rationale behind the doctrine of respondeat superior and discuss whether ethically you believe is an appropriate doctrine for our society.

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The rationale behind the doctrine is tha...

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Which of the following is true regarding the origin and meaning of the phrase respondeat superior?


A) It is a Latin phrase meaning "release the agent."
B) It is a French phrase meaning "agency liability."
C) It is a German phrase meaning "liability without fault."
D) It is a Latin phrase meaning "let the superior speak."
E) It is a French phrase meaning "let the agency stand."

F) A) and E)
G) A) and B)

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