LEG 122 Test 1-2

Under the Copyright Act of 1976, if an employee completes work at the employer's request, this is known as _______ and the employer owns the copyright.

According to the Copyright Act of 1976, 17 U.S.C. §§ 101-810, a federal law, when an employee completes work at the request of the employer, the product is considered a "work for hire" and the employer owns the copyright.

_______ relationships are the most common types of agency relationships.

Expressed agency is the most common type of agency.

An expressed agency is the most common type of agency but it does not give the agent the authority to contract on behalf of the principal.

False Explanation Expressed agency is the most common type of agency and it gives the agent the authority to contract on behalf of the principal.

The law assumes that the principal is aware only of information actually provided to the principal by the agent.

False Explanation The law typically assumes that the principal is aware of all information revealed to the agent, regardless of whether the agent shares it with the principal.

The principal does not owe duties to an agent even though an agent owes duties to a principal.

False Explanation The principal owes certain duties to the agent, such as compensation, reimbursement and indemnification, cooperation, and safe working conditions.

Apparent agency, also known as _______, is when the principal has created by his conduct belief in another individual that a person serves as their agent when in fact they do not have the authority to act for the principal.

Suppose a principal falsely leads a third party to believe another individual serves as his or her agent. By his or her conduct, the principal has created apparent agency or agency by estoppel.

A person who contracts with another to do something for the other person, but is not controlled by the other, nor subject to the other's right to control with respect to his physical conduct in the performance of the undertaking, is referred to as which of the following?

The Restatement of Agency defines an independent contractor as "a person who contracts with another to do something for him but who is not controlled by the other nor subject to the other's right to control with respect to his physical conduct in the performance of the undertaking."

Which of the following is a term used to describe the duty of an agent to communicate any information to the principal that the agent thinks could be important to the principal?

The agent has to communicate not only offers from third parties but also, under the duty of notification, any information he or she thinks could be important to the principal.

All employees are agents of their employers, and all agents are employees.

True Explanation Generally, all employees are considered agents of the employer, even those not legally authorized to enter into contracts binding their employer or to interact with third parties. However, not all agents are employees.

In non-contractual relationships, in order to force the principal to perform the contract, the agent may seek which of the following?

When the agency relationship is not contractual or the contract is for personal services, an agent does not have the right to specific performance. The agent may recover for services rendered and/or future damages but may not force the principal to fulfill the specific contractual agreements or even to continue to employ the agent.