Chapter 33 BL

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Berry indicates that he Is acting as an agent on behalf of an identified client - Cajun Cuisine, LLC - when he enters into a contract with David. Cajun Cuisine, LLC, is: A. A disclosed principal B. An apparent agent C. An undisclosed principal D. A partially disclosed principal

A. A disclosed principal

Marcelle is a purchasing agent for Double H Ranch with the authority to buy cattle at a certain auction only. After the cattle are bought and the auction ends, the agency relationship terminates: A. Automatically B. Following notice to all potential cattle sellers C. Following published notice in a local newspaper D. None of these are correct

A. Automatically

Norris grants an ordinary power of attorney to Oliver to locate potential real estate investment opportunities on Norton's behalf. This power will terminate at Norris': A. Taking advantage of one of the investment opportunities B. Death or incapacity C. Sixty-fifth birthday D. Hiring an actual attorney to exercise the power granted to Oliver

B. Death or incapacity

Homer installs garage door products for a company called Garage Door Store. This job is his sole source of income, and he is directed to certain locations for installations every day. He is authorized to sell garage door upgrades and accessories at the buyers' locations at prices Homer negotiates for those buyers. Homer is: A. An independent contractor B. Employee only C. Employee and agent D. Principal

C. Employee and agent

Elin, an agent for First Credit (FC), enters into an unauthorized contract with Great Expectations, Inc. (GE), purportedly on FC's behalf. This contract will be enforceable if it is ratified by A. Any third party B. Elin C. FC D. GE

C. FC

Linus hires Mike to act as his agent to purchase Lin's. Linus tells Mike to only reveal that he is buying the restaurant on behalf of a third party. Linus is A. Disclosed principal B. Not a principal C. An undisclosed principal D. A partially disclosed principal

D. A partially disclosed principal

Marcelle is a purchasing agent for Double H Ranch with the authority to buy cattle at a certain auction only. After the cattle are bought and the auction ends, the agency relationship terminates: Select one: a. Automatically b. Following notice to all potential cattle sellers c. Following notice to all actual cattle sellers d. Following published notice in a local newspaper

a. Automatically

Lisa is an agent for Big Cereal, LLC, when she executes an unauthorized contract with Great Value Oats, Inc. Upon review of the contract, it is highly advantageous to Big Cereal, and the company attempts to ratify the contract despite Lisa not having the authority to enter into it. The contract is Select one: a. valid b. vicarious c. voidable d. void

a. valid

Jacob, an agent for Go Metric, Inc., enters into an unauthorized contract with ELR, Corp, purportedly on Go Metric's behalf. Go Metric does not ratify the contract; therefore, liability may be imposed on Select one: a. Go Metric to Jacob for not ratifying the contract b. Jacob to ELR Corp for misrepresenting his authority c. ELR to Go Metric for entering into an unauthorized contract d. Go Metric to ELR Corp for not ratifying the contract

b. Jacob to ELR Corp for misrepresenting his authority

Louis is a restaurant entrepreneur, and he desires to expand his empire in Thibodaux. He hires Milly e to act as his agent to purchase Lin's, a local Thibodaux establishment. Louis tells Milly to only reveal that she is buying the restaurant on behalf of a third party. He has some bad blood with the owner of Lin's, and he does not want it to affect the selling price. Louis is Select one: a. Not a principal b. An undisclosed principal c. A partially disclosed principal d. Disclosed principal

c. A partially disclosed principal

Tara is a salesperson for Commons Baker, Inc. She tells Quick Mart's Manager, Nadja, that the bread she is selling her is gluten free, when Tara knows it is not. However, she desperately needs the sale. Nadja buys the bread. Liable for this misrepresentation is Select one: a. no one b. Tara and Nadja c. Commons Baker, Inc. d. Nadja

c. Commons Baker, Inc.

Bethany approves on behalf of Cindy -- but without authorization -- a contract with Donny to build a brand new warehouse. Cindy does not ratify the contract. Later, Donny tries to enforce the deal against Cindy. This attempt will be Select one: a. partly successful b. completely successful c. completely unsuccessful d. partly unsuccessful

c. completely unsuccessful

Denise drives a truck as an employee of Big Truckin' Corp. She would most likely be considered acting outside the scope of her employment if she Select one: a. hit a pedestrian in a parking lot after a "working" lunch b. ran over a parking attendant while parking her delivery truck c. crashed into a car at Rouse's off duty d. smashed into a store-front while intoxicated on-duty

c. crashed into a car at Rouse's off duty

Berry has moved to Los Angeles in hopes of making it big in show business. In trying to put together a deal for one of his clients, Jennifer, he informs a studio that she is interested in working with them. Jennifer is: Select one: a. An undisclosed principal b. A partially disclosed principal c. An apparent agent d. A disclosed principal

d. A disclosed principal

Nathan believes now is an excellent time to buy real estate in South Louisiana, so he grants an ordinary power of attorney to Tanner to locate potential real estate investment opportunities on his behalf. This power will terminate at Nathan's: Select one: a. 80th birthday b. Taking advantage of one of the investment opportunities c. Hiring an actual attorney to exercise the power granted to Tanner d. Death or incapacity

d. Death or incapacity

Avery is Executive Vice President of Benny's Building Supply Co. With respect to binding Benny's to contracts, Avery's authority Select one: a. must be actual AND apparent authority b. cannot be actual or apparent c. must be actual and NOT apparent authority d. may be actual or apparent authority

d. may be actual or apparent authority


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