Problem 1. If a time for performance is not stated in the contract, then the contract must be performed immediately.
Problem 2. The type of agency created when one person is falsely represented to be an agent when no such agency relationship exists, is known as:
- Agency by estoppel
- Agency by operation of law
- The equal dignities rule
- Sovereign immunity
Problem 3. Which of the following is one of the two questions that must be answered in order to apply the doctrine of respondeat superior?
- Is the alleged tortfeasor engaged in an extremely dangerous activity?
- Is the alleged tortfeasor a servant or an alter ego?
- Is the alleged tortfeasor a servant or independent contractor?
- Is the alleged tortfeasor an agent or a servant?
Problem 4. An anticipatory breach occurs when a party to a contract expresses or clearly implies an intention not to perform to contract after being required to act.
5. Which of the following are equitable remedies?
- Monetary damages
- Specific performance
- Specific performance and injunctive relief
- Monetary damages, specific performance, and injunctive relief
Problem 6. In which of the following situations may an agent legally appoint a subagent?
- When the case involves coagents
- When the appointment is implied from the nature of the employment
- When the situation involves a nondelegable duty
- When the coagent demands such an appointment
Problem 7. When an assignment occurs, the assignee assumes the contractual obligations previously held by the assignor.
Problem 8. A person given broad authority to conduct the bulk of a principal's business is called a:
- Master
- Borrowed servant
- Croprietor
- General agent
Problem 9. An agent may terminate an agency relationship by revocation.
Problem 10. List the ways an agency can be created.
Problem 11. What person may be appointed an agent under a power of attorney?
- Anyone
- Anyone who can lawfully contract in his or her own name
- An attorney only
- Anyone who is approved by the court
Problem 12. A substantial or legally sufficient reason for doing something is known as ____.
- Revocation
- Renunciation
- Commingling
- Good cause
Problem 13. An agency is always:
- Contractual
- Gratuitous
- Consensual
- Binding
Problem 14. An agent does not have the authority to represent the principal.
Problem 15. A statue that provides for a time limitation for legal action (suits) to be filed, are known as ________.
- Statute of Time Limits
- Statute of Limits
- Statute of Limitations
- Limited Statues
Problem 16. A transfer of a contract duty is a(n):
- Novation
- Assignment
- Warranty
- Delegation
Problem 17. When an agent is appointed by the principal to negotiate and enter into contracts on behalf of the principal, is known as:
- Contractual Liability
- Contractual Responsibility
- Tort Liability
- Criminal Liability
Problem 18. A warranty is a promise, statement, or other representation of certain qualities.
Problem 19. An individual who is affected by a contract but who does not receive any benefits from it is known as a third party.
Problem 20. Express authority may never be indicated by conduct.
Problem 21. A transfer of a contract right is called a(n):
- Delegation
- Transfer
- Assignment
- Beneficiary
Problem 22. The agent's duty of loyalty means that the agent cannot act ____.
- For two principals
- For more than one year for the same principal
- For two principals in the same transaction
- For an undisclosed principal
Problem 23. The range of activities authorized by the pricipal to the agent is known as the _______.
- Scope of authority
- Scope of responsibility
- Statement of work
- Scope of work
Problem 24. Authority granted to an agent may be express, implied, apparent, or known.
Problem 25. An agency coupled with an interest may not be revoked without the consent of all the parties.