Question 1

________ relationships are the most common types of agency relationships.

Accepted Answer

Express agency relationships are the most common type, where the terms are clearly stated and agreed upon by both parties.

Question 2

Which of the following is not one of the criteria listed in the text as indicative of whether a worker is an employee or an independent contractor?

Accepted Answer

The amount of time the worker has been involved in the trade or area at issue is not typically a criterion used to determine if a worker is an employee or an independent contractor. The criteria usually focus on the nature of the work relationship, control over work, and method of payment, rather than the duration of the worker's experience in the trade.

Question 3

Agency by implied authority cannot conflict with any ________.

Accepted Answer

Agency by implied authority cannot conflict with any express authority. Express authority is explicitly granted to the agent by the principal, whereas implied authority is authority that is not explicitly stated but is assumed to be granted in order to carry out express authority.

Question 4

Which of the following is true regarding criteria needed for creation of the agency relationship?

Accepted Answer

The agency must be created for a lawful purpose, and the person hiring an agent (the principal) must have contractual capacity to enter into the agency agreement. This ensures that the agreement is legally enforceable and that the principal is capable of understanding and agreeing to the terms of the contract.

Question 5

Under which of the following does a principal give authority to an agent only for the specific areas or purposes listed in the agency agreement?

Accepted Answer

A specific power of attorney grants authority to an agent for specific areas or purposes as outlined in the agency agreement, unlike a general power of attorney which would cover a broader range of actions or decisions.

Question 6

________ occurs when a principal allows a third party to believe another individual serves as his or her agent, but the principal has actually not granted that party any authority. What type of authority has the principal created?

Accepted Answer

Apparent agency occurs when a principal's actions lead a third party to reasonably believe that another individual is the principal's agent, even though the principal has not explicitly granted that individual any authority. This is based on the appearances created by the principal's behavior rather than on a formal agreement.

Question 7

Nadal hires Simon to be his tennis coach for the next six months to prepare him or the Olympic games. Nadal agrees to hire no one else in this time period to help him train. Nadal and Simon have entered into a(n) ________ agency contract.

Accepted Answer

Nadal and Simon have entered into an exclusive agency contract because Nadal agrees not to hire anyone else for the same purpose during the specified time period.

Question 8

In the text case, Penny Garrison v. The Superior Court of Los Angeles, plaintiffs sought to sue a residential care facility and avoid the effect of a durable power of attorney by which the decedent's daughter signed agreements to arbitrate disputes involving the facility. Which of the following was the result?

Accepted Answer

The durable power of attorney was effective, and the agreements to arbitrate disputes involving the facility would be upheld, indicating that the authority granted by the durable power of attorney included entering into arbitration agreements.

Question 9

Carolina is leaving the country to visit her ailing mother in Spain. Her worker Carlotta will be responsible for Carolina's company's bills while she is gone. Carolina can sign a(n) ________ giving Carlotta authority to act for her while she is gone.

Accepted Answer

A power of attorney is a legal document that grants one person the authority to act on behalf of another person in legal or financial matters.

Question 10

Apparent agency, also known as ________, is when the principal has created by his conduct belief in another individual that a person serves as their agent when in fact they do not have the authority to act for the principal.

Accepted Answer

Agency by estoppel occurs when the principal's actions or inactions create a reasonable belief in a third party that someone is the principal's agent, even if that person does not have actual authority to act on the principal's behalf.

Question 11

Under the Copyright Act of 1976, if an employee completes work at the employer's request, this is known as ________ and the employer owns the copyright.

Accepted Answer

A "work for hire" is a legal term in copyright law where the employer is considered the author of the work if it is created by an employee within the scope of their employment, thus owning the copyright.

Question 12

As set forth in the text, which of the following is false regarding agency law in relation to sports agents?

Accepted Answer

A uniform act, the Uniform Athlete Agents Act (UAAA), already exists to regulate sports agents, making statement B false.

Question 13

A person who contracts with another to do something for the other person, but is not controlled by the other, nor subject to the other's right to control with respect to his physical conduct in the performance of the undertaking, is referred to as which of the following?

Accepted Answer

An independent contractor is someone who provides a service under a contract or agreement but operates independently from the control of the hiring party, especially regarding their physical conduct and how they perform the contracted work. This distinguishes them from employees, who are typically subject to more direct control by the employer.

Question 14

The Case Opener discussed whether FedEx illegally refused to collectively bargain with single-route drivers on the basis that they were independent contractors, not employees. Which of the following is true regarding the result?

Accepted Answer

The court determined that FedEx did not exercise the necessary control over the drivers to classify them as employees, thus supporting their classification as independent contractors.

Question 15

Which of the following is not a type of independent contractor?

Accepted Answer

Elementary school teachers are typically not independent contractors; they are usually employed by school districts or private schools, making them regular employees rather than independent contractors. Independent contractors work independently and are not considered employees of the companies they work for, unlike elementary school teachers.

Question 16

When determining whether or not a person is an employee or an independent contractor for purposes of agency law, what is the most important factor?

Accepted Answer

The most important factor in determining whether a person is an employee or an independent contractor for purposes of agency law is whether the employee is subject to the control of the employer. This includes control over how the work is done, when it is done, and where it is done. Independent contractors, in contrast, typically have more control over the manner in which they complete their work.

Question 17

Under which of the following does a principal give an agent broad authority to sign legal documents on behalf of the principal?

Accepted Answer

A general power of attorney grants an agent broad authority to act on behalf of the principal in a wide range of legal and financial matters, including the signing of legal documents.

Question 18

Which of the following is false regarding civil law and a power of attorney in Luxembourg?

Accepted Answer

The answer of Which of the following is false regarding...

Question 19

Eric is employed by Grassly's Food Service as a full-time delivery person. Eric gets into an accident in a Grassly's Food Service van as he is delivering food to one of Grassly's customers. Is Grassly's liable for Eric's accident?

Accepted Answer

Employers are generally liable for the actions of their employees under the doctrine of vicarious liability, especially if those actions occur in the course of employment.

Question 20

A ________ is a written document, created by a principal, expressing his or her wishes for an agent's authority not to be affected by the principal's subsequent incapacity.

Accepted Answer

A durable power of attorney is specifically designed to remain in effect or take effect after the principal becomes incapacitated, allowing the designated agent to act on the principal's behalf regarding financial, legal, and health matters.

Quiz 33: Agency Formation and Duties