blaw study guide

What takes place when the principal behaves as if the principal has the intent of ratifying an unauthorized agreement?

Implied ratification

Through an agency relationship, the agent becomes a representative of the:

Principle

Which of the following would lead to termination by operation of law for an agency? Choose three answers.

Principle dies, agent dies, subject matter is destroyed

To establish an agency relationship:

The principle must show a desire

An employee of a company, who has good technical knowledge, is concerned that some televisions made by the company may have electrical shorts that could cause fires. Since no one in the company would address the problem, the employee provides evidence of the problem to the media and state attorney general, so consumers can be aware of the problem. If the employee is fired the employee is unlikely to have:

a case against the company

An employee works for 20 years for a large company and has good job performance. The company president often told him that he had job security and that the president supported him in conflicts with other employees. When the company is reorganized, the employee is dismissed because he is "no longer needed." The employee probably has a good suit for:

breach of an implied contract

If a company manager expressly tells an employee that the employee could not be fired without good cause, but then fires the employee for no particular cause, the employee may have a suit for wrongful termination most likely based on the theory of:

breach of implied contract

Many companies give employees handbooks that discuss company policy and procedures. Legally, handbooks:

can create binding contractual employment obligations

If an employer and employee agree on employment of a certain time, or that job security will be provided, then there is likely:

express contract

A person authorized to execute all regular transactions connected with a business is called a:

general agent

An at-will employee:

may be dismissed at any time without reason or cause

When an employer-employee relationship exists, employers:

may be liable for the torts committed by employees in the course of employment

Putting a bold disclaimer at the front of the handbook that says it is not a contract and requiring employees to sign the disclaimer is an attempt by businesses to:

protect themselves from being found to create an implied contract

An agent with authority to represent the principal only for a specific transaction, usually for a limited time is a:

special agent

Persons appointed by an agent delegated some authority are known as:

sub agents

An agency can end without any action by the principal or the agent through:

termination operation of law

If an agent competes with the agent's principal without the principal's consent:

the agent is violating loyalty

To ratify an agreement a principal must know:

the important facts of the agreement

Principle dies, agent dies, subject matter is destroyed

unknown to third parties

Express authority consists of the agent's:

written or oral instructions