A) Specific performance
B) Accounting performance
C) An accounting
D) A contractual documentation
E) A contractual audit
G) B) and D)
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The requirements for agency by ratificat...View Answer
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B) False
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B) False
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A) The agency must be created for a lawful purpose, and the person hiring an agent must have contractual capacity.
B) The agency must be created for an equitable as well as a lawful purpose, and the person hiring an agent must have contractual capacity.
C) The agency must be created for a business and lawful purpose, and the person hiring an agent must have contractual capacity.
D) The agency must be created for a lawful purpose; and, although there is no requirement that the person hiring an agent have capacity, the person acting as an agent must have contractual capacity.
E) The agency must be created for an equitable as well as a lawful purpose; and, although there is no requirement that the person hiring an agent have capacity, the person acting as an agent must have contractual capacity.
G) B) and C)
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A) Expressed agency
B) Implied agency
C) Apparent agency
D) Ratification
E) Endorsement
G) All of the above
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A) Specific performance
B) Specific recoupment
C) Adequate performance
D) Reformation
E) None of these
G) C) and E)
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A) Ronnie will lose.
B) Ronnie will win because an agent has an implied right to obtain help.
C) Ronnie will win only if he can establish by a preponderance of the evidence that he acted reasonably.
D) Ronnie will win unless Sue can establish beyond a reasonable doubt that he acted unreasonably.
E) Ronnie will lose only if Sue can establish that Rick is incompetent to deal in real estate.
G) A) and B)
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A) That the durable power of attorney was ineffective because it did not grant the holder authority to enter into arbitration agreements and that the arbitration agreements, therefore, were unenforceable.
B) That the durable power of attorney was ineffective because it did not specifically give the daughter authority to enter into agreements involving health care and that the arbitration agreements, therefore, were unenforceable.
C) That the durable power of attorney was ineffective because it was revoked after the decedent became ill and that the arbitration agreements, therefore, were unenforceable.
D) That the durable power of attorney was effective but that the arbitration agreements were void as against public policy.
E) That the durable power of attorney was effective and that the agreements to arbitrate would be upheld.
G) C) and D)
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A) Over half of the states have enacted statutes governing the behavior of sports agents.
B) Efforts are underway to develop a uniform act addressing regulation of sports agents because none exists at the present time.
C) Players associations' model contracts describe the nature of the services agents can perform on behalf of their principals and the duties the parties owe to one another.
D) Some states have established criminal penalties for athletes who violate the state law addressing regulation of sports agents, but most states focus on criminalizing the activity of sports agents.
E) The Major League Baseball Players Association's Regulations Governing Player Agents expressly state that agents act in a fiduciary capacity vis-à-vis their athlete clients.
G) C) and D)
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A) That company executives are liable for wages, but not for benefits, and only if the company is bankrupt.
B) That company executives are liable for benefits, but not for wages, and only if the company is bankrupt.
C) That only if the company is bankrupt, company executives are liable for wages and benefits in an amount up to $5,000 per employee.
D) That only if the company is bankrupt, company executives are liable for wages and benefits in an amount up to $50,000 per executive to be allocated equally among employees.
E) That company executives are not individually liable for unpaid wages or benefits.
G) D) and E)
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A) The classification as an employee or independent contractor is also important in determining who owns the output of a work project.
B) When an employee completes work at the request of the employer, the product is considered a "work for hire."
C) The employer owns the copyright to a work for hire completed by an employee.
D) Federal law does not address the issue of when a work is a "work for hire" because such issues are left to state legislatures.
E) Only by an agreement of both parties that a specific work is a work for hire may an employer gain copyright ownership of the work of an independent contractor.
G) A) and D)
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A) Order of authority
B) Power of order
C) Legal empowerment
D) Power of attorney
E) Respondeat superior
G) A) and C)
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A) No type of agency was in effect because no written agreement was in place by which Jane was Paul's agent.
B) No type of agency was in effect because, in fact, Jane was not Paul's agent.
C) An express agency.
D) An implied agency.
E) An apparent agency.
G) A) and B)
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B) False
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A) Agency relationships can be created through expressed agency, but not through implied authority, apparent agency, or through ratification.
B) Agency relationships can be created through expressed agency or through implied authority, but not through apparent agency or through ratification.
C) Agency relationships can be created through ratification, but not through implied authority, apparent agency, or expressed authority.
D) Agency relationships can be created through ratification or expressed agency, but not through implied authority or apparent agency.
E) Agency relationships can be created through expressed agency, implied authority, apparent agency, and ratification.
G) B) and C)
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A) General purpose order of authority
B) Living legal empowerment
C) Notarized order
D) Durable power of attorney
E) Lasting power of authority
G) C) and D)
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B) False
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A) Encompassing
B) Specific
C) Exact
D) Identified
E) Exclusive
G) All of the above
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A) Simplified agency
B) Equitable agency
C) Agency by law
D) Agency by estoppel
E) Approved agency
G) A) and E)
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