Exam 34: Liability to Third Parties and Termination

A) The agent is personally liable only if the agent was on a mission for an unidentified principal.
B) The agent is personally liable only if the agent was on a mission for an identified principal or a partially disclosed principal.
C) The agent is liable regardless of the classification of the principal or the liability of the principal.
D) The agent is not liable if the principal is liable.
E) The agent is not liable unless the principal is insolvent.

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A) The window washer was entitled to workers' compensation as an employee.
B) The window washer was entitled to a recovery in tort based on the inherently dangerous activity at issue and the defendant's failure to take sufficient precautions.
C) The window washer was entitled to recovery for breach of contract.
D) The window washer was not entitled to recover because he took insufficient precautions for his own safety.
E) The window washer was entitled to no recovery based on his status as an independent contractor.

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A) The defendant was held liable to the plaintiffs because they had not been notified of the agency termination and the nonrenewal.
B) The defendant was held liable to the plaintiffs because even if the defendant sent a notice of nonrenewal, the plaintiffs did not receive it.
C) The defendant was held liable to the plaintiffs because its former agent was in possession of funds meant for the defendant, and it was up to the defendant to obtain the funds from the former agent.
D) The defendant was not held liable to the plaintiffs because of proof it had mailed the notice of nonrenewal, even if the plaintiffs did not receive it or did not read it.
E) The court ruled that a jury question existed as to whether the plaintiffs understood the meaning of the notification of nonrenewal and that if the plaintiffs did not understand its meaning, then they were entitled to recover from the defendant.

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A) The principal is liable to the same extent as if no negotiable instrument were involved because the negotiable instrument has no effect on the principal's liability.
B) The principal cannot be held liable unless the principal's name is on the instrument.
C) The principal cannot be held liable unless the agent's signature indicates that it was made in a representative capacity.
D) The principal cannot be held liable unless the principal's name is on the instrument or the agent's signature indicates that it was made in a representative capacity.
E) The principal cannot be held liable unless the principal's name is on the instrument or the agent's signature indicates that it was made in a representative capacity, or the agent has been ruled insolvent.

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A) A substantial departure
B) Any departure
C) A minute departure
D) An absolute departure
E) An unauthorized departure

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A) It is relevant on whether the agent is liable for the tort or whether the principal alone is liable.
B) It is relevant on whether the principal is liable for the tort or whether the agent alone is liable.
C) It is relevant on the issue of what percentage of harm the agent must bear as opposed to the principal.
D) It is relevant in regard to whether equitable relief is available.
E) It is not relevant.

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If an agent commits a crime,clearly the ...

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A) Disclosed
B) Undisclosed
C) Partially disclosed
D) Unidentified
E) Legally nonexistent

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A) John will likely be held liable for Bobby's injuries because while Manny was acting outside the scope of his duties at the time of the accident, he had not substantially departed from the course of his employer's business.
B) John will likely be held liable for Bobby's injuries because Manny was driving John's truck at the time of the accident.
C) John will likely be held liable for Bobby's injuries because Manny allowed John to take the truck home regardless of John's instructions regarding the use of the truck.
D) It is unlikely that John will be held liable for Bobby's injuries because Manny had substantially departed from the course of his employer's business.
E) It is unlikely that John will be held liable for Bobby's injuries unless it can be proven that Manny had no insurance and lacks the ability to pay.

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A) That a defendant in the position of the hospital is vicariously liable for injuries received within its premises without a need for further proof.
B) That because the plaintiff dismissed the hospital's alleged agent from the lawsuit, she could not proceed even though she had sued the hospital before dismissing the agent.
C) That the plaintiff was barred from proceeding because vicarious liability is not recognized in the medical malpractice arena.
D) That the plaintiff could proceed but only because she had already established liability on the part of the physician employees involved.
E) That the hospital could be held vicariously liable if the plaintiff established that a wrongful act harming her occurred within the scope of the agent's employment.

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The third party has the following two op...

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A) The employer has no right to receive any reimbursement from the negligent employee.
B) The employer has a right to recover only 50% of any amounts paid from a negligent employee.
C) The employer has a right to recover all amounts paid from the negligent employee.
D) The employer can recover all amounts paid from a negligent employee but only if it can be shown that the employee's negligence was based upon the violation of a statute.
E) The employer can recover 50% of any amounts paid from a negligent employee but only if it can be shown that the employee's negligence was based upon the violation of a statute.

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A) Agency interest principle
B) Agency coupled with an interest
C) Agency benefit interest
D) Agency compensation principle
E) Agency entitlement principle

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A) Whether the employer authorized the employee's act.
B) Whether the employer provided the tools by which the act occurred.
C) Whether the employer knew that the act would involve the commission of a serious crime.
D) Whether the employee had worked for the employer for a substantial amount of time.
E) Whether the employee used force not expected by the employer.

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A) Chapter IV of the Agency Relationship Law
B) Chapter VII of the Employment Relationship
C) Article VI of the European Union Regulations
D) Article VII of the European Union Regulations
E) Section X of the Agency Regulations

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A) Greg has no right of recovery against Christy because Susie had not dropped any boxes before, and Christy had no reason to suspect she would injure Greg.
B) Greg has a right of recovery against Christy only if Susie is insolvent.
C) Greg has a right of recovery against Christy, but only for 50% of his damages.
D) Greg has no right of recovery against Christy unless he is able to establish wrongdoing on her part in hiring Susie.
E) Greg has a right of recovery against Christy.

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