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Cameron, editor of the local newspaper, assigned to Jim the writing of a story about pollution of a nearby stream. Although Jim used reasonable care in gathering and checking his information, unknown to Jim, the story contained a defamatory statement about Maureen. Maureen reads the story and sues Jim for libel. Cameron, who read and published the story


A) must indemnify Jim for Maureen's claim.
B) need not indemnify Jim for Maureen's claim because Jim should have checked his facts more carefully.
C) need not indemnify Jim for Maureen's claim because Jim breached his duty to obey instructions.
D) can recover damages from Jim for any injury to the newspaper resulting from Jim's story.

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As a general rule, an agent is liable on contracts entered into on behalf of a fully disclosed principal.

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The bankruptcy of an agent automatically terminates an agency relationship.

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You cannot be held liable for the actions of your agents if the agents are violating your instructions.

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Grant is a delivery person for Watkins Furniture. One day, after delivering a chair to Nadine's house, he stopped at a fast food restaurant to get a sandwich at the drive-through window. As he was leaving the parking lot, he accidentally hit the rear of Blanche's car. Discuss the possible liability of Watkins for Grant's accident. Would there be any difference in the potential liability of Watkins if Grant had the accident after driving 30 miles away to visit a friend?

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The major issue here is abandonment. Wat...

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Rob agrees to act as an agent for Diane in selling her car. Diane has a duty of loyalty to Rob.

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An agent must obey all instructions of the principal.

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Pamela hired Lena to sell her business. Lena


A) can buy the business as long as the price is fair.
B) can buy the business as long as she qualifies for financing.
C) can buy the business only with Pamela's permission.
D) cannot buy the business under any circumstances.

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Which of the following states that if an agent is empowered to enter into a contract that must be in writing, then the appointment of the agent must also be written?


A) duty to obey instructions
B) balanced contract rule
C) fiduciary duty
D) equal dignities rule

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Chance is a traveling marketing representative for a publishing company. He is an independent contractor and was hired without negligence. One afternoon while driving to a meeting, Chance negligently runs a stop sign and causes an accident. Judy is injured. Judy can


A) hold both Chance and his company liable for her injury.
B) hold the company but not Chance liable.
C) hold Chance but not the company liable.
D) not hold Chance or his company liable for her injury.

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An agent may not engage in inappropriate behavior that reflects badly on the principal. This rule applies to conduct


A) during working hours.
B) during off-duty time.
C) during both working hours and off-duty time.
D) only by public officials.

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When a principal is partially disclosed


A) the agent and principal will be jointly and severally liable on the contract.
B) the agent and principal will be only jointly liable on the contract.
C) only the principal can be liable.
D) only the agent is liable.

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Andrew has been hired to do some work for Rossi Enterprises. What factors would a court consider in determining if Andrew is an employee or an independent contractor? Why does the designation matter?

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In determining if agents are employees o...

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What is the best definition of a fiduciary relationship?


A) The principal pays the agent to act on his or her behalf.
B) The principal grants an agent permission to act, either by words or conduct.
C) A principal is liable for certain torts committed by an agent.
D) The trustee must act in the best interests of the beneficiary.

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Luther (principal) and Marcia (agent) have an agency relationship. Under which circumstances will the relationship end "at will."


A) Luther and Marcia agree their agency relationship will last two years. At the end of that time, the agency relationship is terminated.
B) Luther and Marcia made no agreement in advance about the term of the agreement. One afternoon, Marcia is tragically killed in an automobile accident.
C) Luther and Marcia agree their agency relationship will last two years. One year into the relationship, they meet for lunch and decide the relationship isn't working and both agree to end it.
D) Luther and Marcia made no agreement in advance about the term of the agreement. One day, Luther calls Marcia and tells her he no longer wishes her to be his agent.

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Janelle has an art collection that she wants to sell. She calls Amber and tells her to sell the art collection for her at an upcoming auction. Amber agrees. This is an example of


A) apparent authority.
B) respondeat superior.
C) intermediary agency.
D) express authority.

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John hired Tim to sell his house. Which statement is correct?


A) John is Tim's principal.
B) Tim, but not John, can terminate the agency relationship.
C) John, but not Tim, can terminate the agency relationship.
D) Tim is John's principal.

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HBR Accounting hired Denise, a CPA, to prepare tax returns. Which statement is correct?


A) Denise is a gratuitous agent and has a duty not to commit gross negligence.
B) Denise is a gratuitous agent and has a duty not to commit ordinary negligence.
C) Denise, as a CPA, is an agent with special skills. She is held to a higher standard than ordinary negligence.
D) Denise, as a CPA, is an agent with special skills. She is held to a lower standard than ordinary negligence.

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Tom, the production manager at Esday, was told by his supervisor to hire Elton, a 15-year-old boy, to operate an industrial machine. Hiring the 15-year-old violates the child labor laws. What should Tom do in this situation?


A) Tom should hire Elton; he has a duty to obey Esday's instructions.
B) Tom should hire Elton; he has a duty of care to ensure that the government does not discover that Elton is 15 years old.
C) Tom should not hire Elton; he has a duty of care and he would not be caring for Elton.
D) Tom should not hire Elton; he has a duty to obey Esday's instructions only if they are legal and ethical.

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The principle of liability stating that an employer is liable for a physical tort committed by an employee acting within the scope of employment and a nonphysical tort of an employee acting with authority is called


A) the equal dignities rule.
B) respondeat superior.
C) fiduciary control.
D) apparent authority.

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