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Ben manages a warehouse and its inventory for Coffee Roaster Inc.To operate this part of the business,Ben's authority can be inferred


A) from the position Ben occupies.
B) by a reasonable party with whom Coffee Roaster does business.
C) to contradict Ben's express authority.
D) under no circumstances.

E) C) and D)
F) B) and D)

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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.

E) A) and B)
F) None of the above

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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.

A) True
B) False

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Bern,a salesperson at a Carpet & Tile store,tells Dan,a customer,"Buy your flooring here,and I'll install it for less than the store would charge." Dan buys carpeting,which Bern installs for half the store's price.Bern keeps the money.With respect to the store,Bern has breached


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

E) A) and B)
F) All of the above

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Yoshi contracts with Zach to buy a certain pub,Aficionado's,for Yoshi,who asks Zach not to reveal her identity.Zach makes a deal with Burcet,the owner of the pub,and makes a down payment.Yoshi fails to pay the rest of the price,and does not pay Zach for his services.Does Zach have any recourse against Yoshi? If so,on what basis and to what extent?

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Zach can seek to hold Yoshi liable for b...

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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.

E) C) and D)
F) A) and B)

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Diamonds & Gold LLC hires Elle to buy gems and precious metals from various sources on its behalf.In this relationship,Diamonds is


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

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

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Nora works at Oil & Gas Inc.She is a sales representative who works with Oil & Gas customers.The company closely supervises its sales reps,and dictates their schedules.With respect to third parties,Nora is


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

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

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Romero employs Supply Procurement Service as an agent under a written agreement that describes the rights and duties of both parties.This is


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

E) All of the above
F) A) and B)

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

A) True
B) False

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Kit hires Lanie to manage Kit's Cattle Ranch.Lanie agrees to act on Kit's behalf,subject to Kit's control,and Kit trusts Lanie to so act.Their relationship is


A) an employee and an agent.
B) none of the choices.
C) an employer and an independent contractor.
D) a principal and an agent.

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

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Based on Nan's conduct,Odel reasonably believes that Poppy has the authority to act on Nan's behalf even though Poppy does not have the actual authority to do so.In this circumstance,Poppy has


A) apparent authority.
B) express authority.
C) implied authority.
D) no authority.

E) None of the above
F) B) and C)

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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.

E) B) and D)
F) None of the above

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By using agents,a principal can conduct multiple business operations simultaneously in various locations.

A) True
B) False

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Gary drives a truck as an employee for Hauling Inc.Gary would most likely be considered acting outside the scope of her employment if he


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 a gas station while refueling the truck.
D) smashed into a store-front while intoxicated on-duty.

E) None of the above
F) A) and B)

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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.

A) True
B) False

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Under the principles of agency law,any sale of goods by a salesperson in a store to a customer can be binding on the owner of the store.

A) True
B) False

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Fara hires Gil,a real estate broker,to act as her agent to sell her land for $150,000.Before the land is sold at the stated price,oil is discovered beneath it,causing its market value to increase considerably.The agreement between Fara and Gil is likely


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

E) None of the above
F) A) and B)

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When an agent,acting within the scope of his or her authority,contracts with a third party,in no circumstance is the agent liable to the third party.

A) True
B) False

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

A) True
B) False

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