Managers And the Legal Environment Strategies for the 21st Century 8th Edition by Constance E. Bagley - Test Bank Instant Download - Complete Test Bank With Answers Sample Questions Are Posted Below 1. In agreeing to act on behalf of the principal, the agent becomes a fiduciary. a. True b. …
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Managers And the Legal Environment Strategies for the 21st Century 8th Edition by Constance E. Bagley – Test Bank
Instant Download – Complete Test Bank With Answers
Sample Questions Are Posted Below
1. In agreeing to act on behalf of the principal, the agent becomes a fiduciary.
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2. In all cases, an agency agreement must be written in order to be enforceable.
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3. Whether a person is an independent contractor or an employee depends on what he or she does, not how the relationship is characterized by the parties.
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4. A master-servant agency is a type of modern day slavery that is illegal.
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5. An independent contractor is also considered an employee of the person for whom work is being done.
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6. A manager should review the scope of authority granted to the company’s workers and consider the company’s potential liability for the actions of those workers.
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7. The Electronic Signatures in Global and National Commerce Act (E-SIGN) provides that contracts executed by electronic agents are invalid.
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8. Implied ratification of an agent’s unauthorized acts can occur through the silence of the principal.
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9. The respondeat superior doctrine typically applies to the actions of independent contractors.
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10. The principal has the right to demand reimbursement from the agent for any damages paid to a third party because of an agent’s negligence.
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11. CASE 5.1, Meinhard v. Salmon (1928), involved the question of respondeat superior.
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12. The fact that leased workers are on the payroll of an employment agency does not preclude them from being considered employees of the company at which they are actually working on a joint employer theory.
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13. The term “usual authority” refers to the authority that an agent has been allowed to exercise in the past.
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14. An agent who refuses to follow legal instructions of a principal has breached the duty of care.
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15. Principals may be held liable for the torts of independent contractors involving highly dangerous acts.
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16. CASE 5.3 O’Shea v. Welch (2003), involved the question of whether an employee was on a frolic or a detour at the time of the accident.
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17. An undisclosed principal will be bound by any contract the agent enters into with actual authority.
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18. The “Inside Story” discusses how the Telephone Records and Privacy Protection Act of 2006 made it illegal for a person to use fraud to obtain individual customer billing records and other customer information from telephone companies.
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19. Leased workers are precluded from being considered employees of the company for which they are doing work because they are on the payroll of an employment agency.
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20. The term “customary authority” refers to authority that agents must have by law.
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21. The person hiring an independent contractor bargains both for the results and the means of achieving the results.
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22. The most common form of agency relationship is employer-employee.
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23. Federal law provides that electronic agents may legally bind a user to click-wrap agreements.
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24. Which of the following is NOT a duty of an agent to a principal?
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25. An agency relationship can be created by:
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26. An __________ occurs if a principal approves or accepts the benefits of the actions of an otherwise unauthorized agent.
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27. Which of the following is NOT true regarding an agency relationship?
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28. What is the meaning of the term “respondeat superior”?
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29. Which of the following is an example of a hallmark of the fiduciary relationship?
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30. Under the duty of __________ an agent has a duty to act solely for the benefit of his or her principal in all matters directly connected with the agency undertaking.
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31. Which of the following is true?
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32. Agency is perhaps the most pervasive legal relationship in the business world.
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33. Which of the following is true regarding express authority?
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34. Once an agent is given __________ authority, he or she also has __________ authority to do whatever is reasonable to complete the task he or she has been instructed to undertake.
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35. Which of the following is true regarding a principal’s duty to pay unemployment taxes?
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36. Unless state law is to the contrary, an agent may lawfully conceal __________ of the principal.
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37. An agent may bind the principal due to the agent’s __________ authority.
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38. Which of the following is true regarding situations in which an agent enters into a contract without authority?
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39. The most basic legal characteristic of the employer-employee relationship is that the employer has the right to:
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40. Which of the following is true regarding an independent contractor’s entitlement to fringe benefits offered by a principal?
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41. Which of the following is not usually considered an independent contractor?
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42. Which of the following is NOT one of the factors the law looks at in distinguishing between employees and independent contractors?
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43. Which of the following is true regarding whether an independent contractor is an agent of a principal?
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44. Which of the following terms refers to a slight deviation from the employer’s business that is still within the scope of employment?
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45. An agency by __________ occurs when a person leads another to believe that someone else is his or her agent and is thereafter prevented from denying it.
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46. The “Inside Story” referenced the actions of Hewlett-Packard and its corporate spying activities. What is the investigative technique called “pretexting”?
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47. Apparent authority may be based on which of the following?
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48. A principal may be held liable for the torts of a(n) __________ only in extraordinary circumstances, usually involving highly dangerous acts or nondelegable duties.
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49. When would the “aided-in-the-agency” theory likely be asserted?
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50. In CASE 5.2 EBC I, Inc. v. Goldman, Sachs & Co., (2005) the plaintiffs claimed that Goldman Sachs breached a fiduciary duty in acting as an underwriter and in providing advice to eToys, the plaintiff’s predecessor, in regard to an initial public offering of stock. How did the court rule and why?
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51. Under the Uniform Computer Information Transactions Act (UCITA), what would be the result if an electronic agent agrees to a click-wrap agreement?
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52. CASE 5.3 O’Shea v. Welch (2003) involved a question of whether Welch, an employee, was acting within the scope of his employment when he struck O’Shea’s car. How did the court find and why?
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53. Under the theory of __________, a company can be held liable for violations of __________ law by its employee, even if a manager told the employee not to violate the law.
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54. Which of the following are autonomous computer programs that can be dispatched by the user to execute certain tasks?
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55. Which of the following is true regarding respondeat superior?
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56. Maureen owns a business that makes kites. Maureen’s agent Bob entered into an agreement with Alice to purchase some land for a new kite factory. Maureen’s agency relationship with Bob was not memorialized by any writing. The day after Bob signs the papers finalizing the sale, Maureen learned of the purchase, was furious with Bob, and said that she wanted out of the deal. Assuming that Bob was legally considered the agent of Maureen in making the purchase, which of the following is Maureen’s best argument?
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Fact Pattern 5-1
Candy owns a nail and hair salon. She reaches an agreement with Todd, an independent contractor, allowing him to do nails in her salon three days per week. Todd has a sign on his desk informing his customers that he is an independent contractor of the shop. After working for a month, Todd asks Candy if she has been paying appropriate social security taxes for him. He also informs Candy that Phyllis, a customer, is preparing to sue both Todd and Candy based upon a nasty nail fungus she developed after having her nails done by Todd.
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57. Refer to Fact Pattern 5-1. Which of the following is true regarding the duty of Candy, if any, to pay social security taxes for Todd?
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58. Refer to Fact Pattern 5-1. Which of the following is true regarding legal responsibility to Phyllis assuming negligence on the part of Todd can be established?
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Fact Pattern 5-2
Billy owns a used car lot. Samantha works for Billy selling used cars. Billy fully directs and controls her work, sets her hours, and pays her an hourly salary as well as a commission. Belinda comes to the lot to buy a used car. Samantha, however, tells Belinda that she needs to sell her mother’s used vehicle and that if Belinda will meet her after hours, she will give Belinda an excellent deal. Belinda meets Samantha after work and ends up buying the car belonging to Samantha’s mother. The next day, Samantha, acting within the scope of her employment, is moving a car. She, however, is in a hurry and in a grossly negligently manner backs it over the foot of Wesley, another customer. While waiting for the ambulance to come for Wesley, Belinda storms onto the lot complaining about the condition of the vehicle she purchased from Samantha’s mother. Billy fires Samantha on the spot based on her obviously intoxicated condition and the fact that she arranged for the sale of her mother’s vehicle. Samantha informs him that she has been an excellent employee and that he has no reason to be unhappy with her.
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59. Refer to Fact Pattern 5-2. Did Samantha breach any fiduciary duties owed to Billy?
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60. Refer to Fact Pattern 5-2. Who is liable for Wesley’s injured foot?
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61. Agents owe a fiduciary duty to the principal. Describe the specific responsibilities that are generated by this duty. Discuss fully.
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62. Sam is an employee of Binky, Inc. While delivering a truckload of binkies to a local retailer, Sam decided to stop at his bank to deposit his paycheck. The bank is three blocks from the retailer and it takes approximately 15 minutes to deposit a check. While Sam is in the bank, the truck rolled down the street because Sam negligently forgot to set the parking brake. The truck crashed through the window of Market, killing two people and causing $500,000 in damage. Discuss the issues involved in determining whether Binky, Inc. is liable for the damages at issue. If Binky, Inc. is liable, can it recover against Sam for the damages?
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63. Carl is a contractor that is building a home for Orel. Pam is one of Orel’s neighbors. One day Pam was walking in the neighborhood. As she passed the construction site, a piece of lumber fell from the partially finished garage roof and hit her in the head, injuring her severely. The lumber was left negligently on the roof by Carl. Pam now wishes to sue Orel. Should Orel be held liable to Pam? Discuss.
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64. Molly wants to buy a vacant lot that is for sale in her neighborhood. The problem is that she had a skirmish with the current owner, Ben, over his dog barking at all hours of the night. Molly asks Sam if he will purchase the lot on her behalf without telling Ben that she will be the true owner. Sam agrees and reaches an agreement with Ben. A few months after the purchase, Molly begins to do some work on the lot. Ben sees her and asks what she is doing. Molly tells him that she was the true purchaser. Ben becomes furious and yells at her that he will have the sale rescinded and sue both Molly and Sam for fraud. What will be the likely result if Ben sues Molly and Sam?
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65. Discuss the elements that are considered in determining whether a worker is an employee or an independent contractor.
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66. What factors do courts consider in determining whether an act of an agent was within the scope of employment?
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67. What is considered in determining the scope of an agent’s implied authority?
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Original price was: $30.00.$20.00Current price is: $20.00.
Original price was: $30.00.$20.00Current price is: $20.00.
Original price was: $30.00.$20.00Current price is: $20.00.
Original price was: $30.00.$20.00Current price is: $20.00.
Original price was: $30.00.$20.00Current price is: $20.00.
Original price was: $30.00.$20.00Current price is: $20.00.
