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Bern, a salesperson at a Cabinets store, tells Dan, a customer, "Buy your cabinets here, and I'll install them for less than the store would charge." Dan buys the cabinets, which Bern installs for half the store's price. Bern keeps the money. With respect to the store, Bern has breached


A) no duty.
B) the duty of loyalty.
C) the duty of performance.
D) the duty of obedience.

E) All of the above
F) A) and C)

Correct Answer

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Ingmar asks Jess to contract with Kay's Lawn Service on Ingmar ' s behalf to maintain Ingmar's lawn. Jess orally agrees to do so. This is an agency by


A) agreement.
B) estoppel.
C) operation of law.
D) none of the choices.

E) B) and D)
F) B) and C)

Correct Answer

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Larry is an agent for Mary. She gives him clear instructions to enter into contracts on her behalf only on Mondays, Wednesdays, or Fridays. He enters into a contract on her behalf on Tuesday. Larry has breached


A) no duty.
B) the duty of loyalty.
C) the duty of performance.
D) the duty of obedience.

E) B) and D)
F) B) and C)

Correct Answer

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By using agents, a principal can conduct multiple business operations simultaneously in various locations.

A) True
B) False

Correct Answer

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Rosario is a chef and caterer who works for different event planners, party hosts, and some private companies and families where he goes to their location to prepare meals. In this capacity, Rosario likely is


A) an agent.
B) an employee.
C) an independent contractor.
D) a principal.

E) B) and D)
F) A) and C)

Correct Answer

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The doctrine of respondeat superior imposes vicarious liability on a principal without regard to the personal fault of the agent.

A) True
B) False

Correct Answer

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I f a principal makes statements that would cause a reasonable person to believe that an agency relationship exists, then the supposed agent receives actual authority to act as the agent.

A) True
B) False

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An agency relationship exists between spouses even where there is no formal agreement.

A) True
B) False

Correct Answer

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Fact Pattern 25-2 Berry indicates that she is acting as an agent on behalf of an unidentified client-Cuisine Catering, LLC-when she enters into a contract with Dean. Refer to Fact Pattern 25-2. Cuisine Catering is


A) a disclosed principal.
B) an apparent agent.
C) an undisclosed principal.
D) a partially disclosed principal.

E) All of the above
F) B) and C)

Correct Answer

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Kelly hires John to buy a certain number of cattle for Kelly's ranch. John makes a deal with Lawson, the owner of a local herd, and makes a down payment on Kelly ' s behalf. Kelly fails to pay the rest of the price. Lawson sues John for breach of contract. John's right to hold Kelly liable for any damages that he has to pay is the right to


A) none of the choices.
B) compensation.
C) indemnification.
D) reimbursement.

E) C) and D)
F) A) and D)

Correct Answer

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Giving an agent a power of attorney confers express authority.

A) True
B) False

Correct Answer

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Denny, a certified public accountant and an investor, and Ethel, an insurance salesperson and a realtor, may create an agency relationship for


A) a business purpose only.
B) any legal purpose.
C) any legal or illegal purpose.
D) no purpose.

E) B) and C)
F) B) and D)

Correct Answer

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