Chapter 23

¡Supera tus tareas y exámenes ahora con Quizwiz!

False

A person hired to manage a business is an example of a special agent

agency

A relationship that exists when one person is authorized to act under the control of another person.

apparent autority

A relationship that occurs when someone performs an act on behalf of another without authority to do so but the other person later approves of the act.

respondeat superior

A rule of law that makes principals and employers responsible for the torts of their agents and servants committed within the scope of their authority or employment

True

Agents may be appointed expressly either orally or in writing

consignor

An agent to whom a consignment is made

True

An agent who contracts on behalf of an undisclosed principal can be held liable on the contract.

attorney in fact

An agent who is authorized to act under a power of attorney.

special agent

An agent who is authorized to carry out a single transaction or to perform a specified act.

independent contractor

An agent who is authorized to conduct all of a principal's activity in connection with a particular business.

False

Apparent authority comes about when an agent makes it appear that the agent has authority when non exists.

implied authority

Authority of an agent to perform incidental functions that are reasonably and customarily necessary to enable the agent to accomplish overall purpose of the agency.

apparent authority/agency by estoppel

Authority that comes about when a principal through some act makes it appear than an agent has authority when none actually exist.

express authority

Authority that is given explicitly.

True

Employees may also be agents if they have been authorized to enter into contracts with third parties on behalf of their employers.

third party

In agency law one who deals with an agent in making a contract with the agent's principal.

vicarious liability

Liability that is imputed to principals and employers because of wrongdoings of their agents and employees

employer/master

One employs the services of others in exchange for wages or salaries.

principal

One who authorizes another to act on his or her behalf.

agent

One who is authorized to act for another.

undisclosed principal

One who is not known by a third party to be a principal for an agent.

employee

One who makes a consignment.

power of attorney

One who performs services for another but who is not under the other's control.

employee/servant

One who performs services under the direction and control of another.

False

People who have independent contractors perform work for them must withhold taxes from their pay.

True

Someone injured by the wrongful conduct of an employee may sue the employee and also his or her employer.

malfeasance

The doing of an act that ought not to be done at all.

nonfeasance

The failure to do an act that ought to be done.

misfesance

The improper doing of an act.

consignment

The process of delivering goods to a bailee called a factor who attempts to sell them and who may return those that are unsold.

scope of employment

The zone in which employees operate.

impute

To charge; to lay the responsibility or blame

False

When a principal authorizes an agent to enter into a contract on the principals's behalf the resulting contract is between the agent and the third party.

True

When agents are given express authority to perform certain acts they have no implied authority.

True

When goods are sold on consignment title to the goods does not pass between the consignor and the consignee

factor

A bailee to whom goods are consigned for sale.

del credere agent

A factor who sells consigned goods on credit and who guarantees to the consignor that they buyer will pay for the goods.

power of authority

A formal writing that authorizes an agent to act for a principal.

dummy corporation

A lawful corporation created to take title to assets while safeguarding the corporation owner's identity and liability.


Conjuntos de estudio relacionados

Abeka New World History & Geography chapter 3 test

View Set

The Big Picture: A Review of Biology

View Set

Final Study Guide Biology 1 Lecture

View Set