A) Efforts are underway to develop a uniform act addressing regulation of sports agents because none exists at the present time.
B) 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.
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) Over half of the states have enacted statutes governing the behavior of sports agents.
G) A) and D)
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A) Agency contracts must clearly define the agent's compensation.
B) A contract is not required to create an agency but if a contract exists,it must meet all requirements prescribed by contract law.
C) A contract is required to create a valid agency
D) An agency contract only needs to be signed by the principal.
E) An agency contract cannot create an agency agreement longer than two years.
G) B) and E)
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A) The amount of time the worker has been involved in the trade or area at issue.
B) Whether the worker is engaged in a distinct occupation or an independently established business.
C) Whether the employer supplying the tools.
D) How the worker is paid.
E) The length of time for which the worker is employed.
G) A) and D)
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A) The agent will be allowed to set the price which will be enforced unless it is unconscionable.
B) The court will appoint a magistrate to set the price.
C) The principal will be allowed to set the price which will be enforced unless it is unconscionable.
D) Compensation will be calculated according to the customary fee in the situation.
E) It will be assumed that the agent agreed to work for free on a gratuitous basis.
G) C) and D)
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B) False
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A) Agency by implied authority
B) Agency by agreement
C) Agency by ratification
D) An expressed agency
E) Apparent agency
G) None of the above
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A) Gibbs was liable because Glenn was an employee.
B) Gibbs was liable because Glenn was an independent contractor.
C) Gibbs settled the lawsuit out of court and admitted fault.
D) Gibbs was not liable because Glenn was an independent contractor.
E) Gibbs was not liable because Glenn was an employee.
G) C) and D)
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D
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A) The court found that at times the drivers acted as employees and that other times they acted as independent contractors and that they would,therefore,be classified as independent contractors.
B) The court found that at times the drivers acted as employees and that other times they acted as independent contractors and that they would,therefore,be classified as employees.
C) The court found that all the rights and duties of employees as agents applied to their relationship with FedEx.
D) The court found that FedEx did not exercise the degree of control necessary for the relationship to be considered employer-employee.
E) To determine whether the FedEx drivers should be classified as employees or independent contractors,the court applied federal statutory law.
G) D) and E)
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A) Actual
B) Resolute
C) Absolute
D) Defined
E) Constructive
G) C) and D)
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A) Mark may recover the cost of the nine CDs because Charlie did not follow his instructions.
B) Charlie is not liable to Mark because he believed Mark would have bought the CDs from the customer.
C) Charlie is not liable to Mark because he thought the purchase price of the CDs were exceptionally great.
D) Charlie is not liable to Mark because he did not remember Mark's instructions.
E) Charlie is not liable to Mark because he is his employee.
G) A) and E)
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A) Circumstances may determine the extent of implied agency.
B) Implied agency may conflict with express authority.
C) An implied agency as well as an apparent agency may be created by conduct.
D) Apparent agency is also known as agency by estoppel.
E) If a principal in an alleged apparent agency situation denies that an agency existed,the third party alleging agency must demonstrate that he or she reasonably believed,based on the principal's conduct,that an agency relationship existed.
G) None of the above
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B) False
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A) Yes,because he made the purchase from AAA Computers without mention of Joe.
B) Yes,but only if Joe refused to pay.
C) Yes,but only because office equipment is involved.
D) Yes,but only if Joe were declared judicially insolvent.
E) No,because his status was as an agent regardless of whether AAA Computers was aware of that fact.
G) None of the above
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A) Constructive information
B) Duty of information
C) Requirement of conveyance
D) Duty of notification
E) Constructive notification
G) C) and D)
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A) No,because the agreement has an illegal purpose.
B) No,because the agreement must be in writing.
C) No,because the amount or form of compensation was not contemplated.
D) Yes,because the agreement may be oral or in writing.
E) Yes,because Alex's objective was unambiguous.
G) C) and D)
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A
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B) False
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A) Employer
B) Principal
C) Benefitor
D) Fiduciary
E) Trustor
G) A) and E)
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A) If a company is bankrupt,its executives are liable for wages,but not for benefits.
B) If a company is bankrupt,its executives are liable for wages and benefits in an amount up to $5,000 per employee.
C) Company executives are not individually liable for unpaid wages or benefits.
D) If a company is bankrupt,its executives are liable for wages and benefits in an amount up to $50,000 per executive to be allocated equally among employees.
E) If a company is bankrupt,its executives are liable for benefits,but not for wages.
G) B) and D)
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B) False
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True
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B) False
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