A) An agent is a fiduciary only if the principal and agent agreed by written or oral contract that the agent is a fiduciary.
B) Although the principal is a fiduciary,an agent is not a fiduciary.
C) An agent is a fiduciary only if the principal and agent agreed by written contract that the agent is a fiduciary.
D) An agent is only a fiduciary to the principal only if a transaction in excess of $10,000 is involved.
E) An agent is a fiduciary to the principal.
G) A) and B)
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A) Employer-agent
B) Principal-independent contractor
C) Employer-independent contractor
D) Employer-employee
E) Principal-agent
G) B) and D)
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A) No,because Mark's statement was merely advisory and not mandatory.
B) No,because Mark cannot control every aspect of Charlie's work performance.
C) No,because Mark did not put his requirement in writing.
D) Yes,because Charlie should have known it was not in Mark's best interests to purchase more CDs when they have a massive overstock.
E) Yes,because Charlie did not follow Mark's instructions.
G) C) and D)
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A) Approved agency
B) Simplified agency
C) Equitable agency
D) Agency by estoppel
E) Agency by law
G) B) and D)
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A) Contribution
B) Recoupment
C) Reformation
D) Reimbursement
E) Indemnification
G) C) and E)
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A) The agency must be created for an equitable as well as a lawful purpose;and,although there is no requirement that the person hiring an agent have capacity,the person acting as an agent must have contractual capacity.
B) The agency must be created for a lawful purpose;and,although there is no requirement that the person hiring an agent have capacity,the person acting as an agent must have contractual capacity.
C) The agency must be created for a business and lawful purpose,and the person hiring an agent must have contractual capacity.
D) The agency must be created for an equitable as well as a lawful purpose,and the person hiring an agent must have contractual capacity.
E) The agency must be created for a lawful purpose,and the person hiring an agent must have contractual capacity.
G) B) and C)
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A) Robert is given authority to make business calls on Jill's behalf.
B) Agency agreements are never required to be in writing.
C) Robert is given power of attorney.
D) Robert is given authority to read Jill's mail.
E) All agency agreements must be in writing.
G) A) and C)
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A) If the principal has failed to meet duties owed to the agent,the agent can refuse to act on behalf of the principal until the failure is remedied.
B) The principal has a duty of reimbursement and indemnification to the agent for authorized expenditures.
C) An agent may be entitled to contract remedies but not tort remedies.
D) An agent can sue the principal if the principal does not fulfill duties owed to the agent.
E) The principal has a duty to compensate an agent for services provided unless the parties have agreed that the agent will act gratuitously.
G) C) and E)
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A) Harry will win because Ashley indicated that she had apparent authority to buy the jacket for Malcolm.
B) Harry will win only if he can show that Ashley has no assets with which to pay for the necklace.
C) Harry will win on an implied agency theory.
D) Malcolm will win because he did nothing to cause Harry to believe that he would pay for the jacket.
E) Harry will win only if he can show that through reasonable investigative efforts on his part Ashley cannot be located.
G) All of the above
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A) Agency relationships can be created through expressed agency,implied authority,apparent agency,or ratification.
B) Agency relationships can be created through ratification or expressed agency,but not through implied authority or apparent agency.
C) Agency relationships can be created through expressed agency,but not through implied authority,apparent agency,or through ratification.
D) Agency relationships can be created through expressed agency or through implied authority,but not through apparent agency or through ratification.
E) Agency relationships can be created through ratification,but not through implied authority,apparent agency,or expressed authority.
G) A) and B)
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Jackson would be considered an employee ...View Answer
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A) An apparent agency.
B) An express agency.
C) No type of agency was in effect because no written agreement was in place by which Ashley was Malcolm's agent.
D) An implied agency.
E) No type of agency was in effect because,in fact,Ashley was not Malcolm's agent.
G) All of the above
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A) Specific performance
B) A contractual documentation
C) An accounting
D) Accounting performance
E) A contractual audit
G) C) and D)
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B) False
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A) Discrimination law
B) Wage law
C) Tax law
D) Constitutional law
E) Tort law
G) B) and C)
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A) Melanie will win.
B) Melanie will lose because Kumar was no longer her agent when he revealed the information.
C) Melanie will lose unless she can establish that revealing the information caused her to seek psychological counseling.
D) Melanie will lose because regardless of whether he was working for her or not,he had no legal duty to keep any information confidential.
E) Melanie will lose unless she can establish that revealing the information caused her to suffer economic loss.
G) B) and C)
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B) False
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A) He was an employee.
B) He had a special status called employee-contractor,a term used to represent a contractor with some responsibilities indicating status as an employee and some responsibilities indicating otherwise.
C) He was an independent contractor.
D) He was an express contractor.
E) He was an implied contractor.
G) C) and D)
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A) A specific order of authority
B) A general power of attorney
C) A recognized power of order
D) A localized legal empowerment
E) A broad power of responeat superior
G) B) and E)
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A) The agreement entered into by plaintiffs' attorney would not be enforced because the plaintiffs had not given the attorney express authority to enter into the agreement.
B) The agreement entered into by plaintiffs' attorney would not be enforced because the plaintiffs had not lead the opposing defense attorneys reasonably to believe that the plaintiffs' attorney had full and final authority to settle the litigation.
C) The agreement would be enforced because the plaintiffs' attorney had express authority to enter into the agreement.
D) The agreement entered into by plaintiffs' attorney would not be enforced because the plaintiffs had not signed it.
E) The agreement would be enforced because the plaintiffs' attorney had apparent authority to enter into the agreement.
G) None of the above
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