BLAW 34

unidentified

A partially disclosed or ______ principal is an individual who a third party is aware of (but whose identity is known) while making an agreement with an agent.

not liable

A principal is _______ for the actions of a(n) independent contractor.

tortious

A principal who hires an independent contractor is generally not liable for the contractor's _______ actions.

principal

A third party that is injured as a result of an agent's negligence can sue the ______ but must prove the injury occurred within the scope of employment.

principal or agent

A third party that is injured by an agent can sue the:

general

A(n) ______ power of attorney allows the agent to conduct all business for the principal.

express

A(n) ______ power of attorney grants the agent special authority over specified outlined acts.

durable

A(n) ______ power of attorney specifies that the agent's authority is intended to continue beyond the principal's incapacitation.

special

A(n) _______ power of attorney is an express authority that is granted to an agent for only specified outlined acts.

disclosed

A(n) agent who acts within the scope of their authority on behalf of a(n) _______ principal is not liable for the acts of the principal.

personally liable

A(n) agent who commits a tort that injures a third party is _______ her actions, regardless of both the classification and the liability of the principal.

warranty

Agents who exceed a disclosed principal's authority can be sued by a third party under the theory of breach of implied ______.

agents benefit

An agency coupled with a(n) interest is a special kind of agency relationship created for the _______.

time

An agency relationship can be terminated by a lapse of ______ if the agreement specifies that the relationship will expire.

personally liable

An agent who commits a(n) tort/crime that injures a third party is _______ for her actions.

apparent

An agent's _______ authority continues until the principal gives notification that the agency relationship has ended.

B

An agent's apparent authority continues until the principal: _______. A. contacts a court and notifies legal authorities that the agency relationship is over B. notifies third parties that the relationship has ended C. pays the agent D. notifies the agent that the relationship has been terminated

strictly liable

Certain activities are held _______ because of their inherently dangerous nature; an employer cannot escape this liability simply by hiring a(n) independent contractor to complete them.

vicarious

For ________ liability, the principal is liable for the actions of the agent who is working on the principal's behalf.

insolvency

Generally, _______ does not necessarily result in the termination of the agency relationship.

terminates

If Pang hires Jacquelyn to paint his house green, and the city council soon thereafter passes a law making it illegal to paint houses green, the new law automatically ______ the agency agreement.

terminated

If a new law is passed that makes an agency relationship illegal, what happens to the agreement?

misrepresented

If a principal authorized an agent to act, and then the agent _______ herself to a third party, then the principal is liable under tort law.

the agent, the principal

If a principal directs an agent to commit a tort against a third party, who could be liable?

C

If a principal is disclosed, an agent who exceeds her authority cannot be sued for breach of contract because: _______. A. they are liable for tortious interference of contract B. they are not liable for the principal's tortious conduct C. they were never an intended party to the contract D. they are liable for reapondeat superior

undisclosed

If a third party does not know that an agent is acting on behalf of a principal, then the principal is a(n) ______ principal.

recover

If a third party is able to establish that a(n) employee was negligent and the employer is liable as a result, the employer can ______ from the employee any damages paid to the third party.

substantial

If a(n) employee makes a(n) _______ departure from the course of the employer's business, then typically the employer is not liable.

tort

If a(n) employer or principal directs the agent to commit a(n) _____, then she is liable in addition to the agent for any damages.

the agent

If an agent acts with no authority from a principal and enters into a contract with a third party, who is liable if there is a legal dispute regarding the agreement?

not liable

If an agent commits a(n) crime without authorization from the principal, then the principal is _______ for the crime.

cancel; affirm

If an agent has misrepresented herself, then the injured third party can either ______ the contract with the principal and be compensated for the money loss, or ______ the contract and sue the principal to recover damages.

2

If an agent has misrepresented himself or herself causing a tort, then the third party has how many options?

not be liable

If an agent has no authority to act on behalf of a principal, but enters into a contract with a third party, then the principal will _______ for that agreement.

the principal

If an agent is acting within the scope of their authority on behalf of a disclosed principal then who will be liable for the actions of the agent?q

the agent

If an agent makes a substantial departure from the course of employer's business and a legal incident occurs, who will be liable?

the independent contractor, the employer

If an employer directs an independent contractor to commit a tort against a third party, who will be liable?

tort; unauthorized crime

If an employer directs the agent to commit a(n) ______ or _____, then she is liable in addition to the agent for any damages.

indemnify

If an employer is found liable for an employee's act of negligence towards a third party, then the employer has a right to _______ and seek damages paid to the third party back from the employee.

The principal

If an independent contractor engages in extremely hazardous activities at the direction of the principal, then who will be liable?

principal

If an independent contractor is directed by a principal to commit a tort_, then the ______ is liable for any damages that result from that tort.

the agent, the principal

If the agent acts with authority from the principal, and then the agent misrepresents himself or herself, who will be liable?

principal

If the agent is not properly trained or given the necessary tools and commits a tort on a third party, then the ______ is held liable.

The principal

If the principal fails to train or provide necessary resources that contribute to an agent committing a tort to a third party, who is liable?

terminated

If the principal or agent dies, then the agency relationship is automatically _______.

adjucated insane

In some states, if the principal or agent is _______, then the agency relationship is terminated.

master; superior

Respondeat superior means "let the ___ OR ___ speak" in Latin.

criminal act

The only time the principal can be liable for the crime of an agent is when the principal has authorized the ______.

criminal

The principal of an employee with a(n) tortious background may be held liable for _______ acts committed by her hired agent, even though the employee may not recognize the wrongfulness of her act.

independent contractors

The theory of respondeat superior does not apply to: _______.

breach

Though the principal can revoke/terminate the agency relationship at any time, the principal may be subject to a(n) ______ of contract suit if the relationship is ended prematurely.

undisclosed

Typically, courts will find a(n) agent liable if they are acting on behalf of a(n) _______ principal.

the employee, principal

Under the doctrine of respondeat superior, who could be liable for an intentional tort by an employee?

agreement is terminated.

What happens to an agency agreement when an agent declares bankruptcy?

terminated

What happens to an agency relationship following the death of an agent?

agreement is terminated

What happens when an agent acquires interests that conflict with the principal?

Vicarious Liability

What is the legal theory that a principal is liable for the actions of an agent who is working for her?

agency coupled with an interest

What type of agency relationship does not allow the principal to terminate it?

general (power of attorney)

What type of power of attorney allows the agent to conduct all business for the principal?

durable (power of attorney)

What type of power of attorney is meant to continue beyond the principal's incapacitation?

undisclosed principal

What type of principal exists when a third party is unaware that the agent is acting on behalf of the principal?

disclosed principal

What type of principal is known by the third party when a agreement is made with an agent?

unidentified principal

What type of principal is known to exist, but whose identity is not known by a third party who is entering into an agreement with an agent of the principal?

disclosed

When a third party is aware that an agent is making an agreement on behalf of a principal and knows who the principal is, that principal is a(n) ______ principal.

exceeds

When an agent _______ authority to act on behalf of the principal, the agent is personally liable for actions to the third party.

any time

When can a principal revoke an agent's authority?

the principal, the agent

Which parties to a agency relationship could cause a termination of the agreement if they become adjudicated insane?

The agent (is personally liable.)

Who will be liable if an agent exceeds his authority to act on behalf of the principal to a third party?

the independent contractors

Who will be liable when independent contractors who are employed by the principal subsequently cause a legal dispute?

The agent

With an undisclosed principal, who is liable to a third party?

by email

Writing notice must be given ______ or orally.

constructive notice

____ is performed by publishing a notice in a circulating newspaper in area where agency agreement existed