1、chapter8商法TRUE-FALSE QUESTIONS of Chapater Eight_1. Unless the parties agree otherwise, a principal must pay for an agents services._2. A principal cannot avoid a contract that a third party enters into with an agent._3. A third party cannot sue a principal for an agents neglience._4. An agent must
2、keep separate accounts for the principals funds._5. Information obtained through an agency relationship is confidential._6. A disclosed principal is liable to a third party for a contract by an agent within the scope of authority._7. A principal is not liable for an agents torts committed within the
3、 scope of his or her enployment._8. An undisclosed principal is liable to a third party for a contract by an agent within the scope of authority._9. Both parties to an agency have the right to terminate the agency at any time._10. An e-agent is a person.MULTIPLECHOICE QUESTIONS of Chapater Eight_1.
4、Home Interiors, Inc.(HII), tells Jan, whose business is purchasing for others, to select and buy $200 worth of certain goods and ship them to HIIs office. Jan buy the goods Brand Name Products Store and ships them as directed, keeping an account for the expense in HIIs name. HII and Jana. do not hav
5、e an agency relationship, because Jans business is buying for others.b. do not have an agency relationship, because Jan did not indicate that she was acting for Baron.c. do not have an agency relationship, because their agreement is not in writing.d. have an agency relationship._2. Greg,a salesperso
6、n at Home Electronocs Company, tell Inrma, a costomer, “Buy your computer here, and Ill set it up for less than what Home would charge.” Irma bus the computer, Grey sets it up, and Irma pays Greg, who keeps the money. Gry has breached the duty ofa. loyalty.b. notification.c. abedience.d. performance
7、._3. Pat asks Quinn, a real estate boler, to slee her land. Quinn lears tha Retail Mall Corporation (RMC) is willing to pay a high price for the land. Without telling Rat about RMC, Quinn says that he will buy the lad himself. Instead, however, Pat sells the land to Sam. Quinn sues Pat. Quinn will a
8、. lose, because Pat was not Quinns principal.b. lose, because Quinn breached his duty to Pat.c. win, because Pat breached her duty to Quinn.d. win, because Quinn was never Pats agent._4. Ann gives Billthe impression that Carla is Anns agent,when in fact she is not, Bill deala with Carla as Anns agen
9、t, when in fact she is not. Bill deals with Carla as Anns agent. Regarding any agency relationship, Anna. can deny it.b. can deny it to the extent of any injury suffered by Bill.c. can deny it to the extent of any liability that might be imposed on Ann.d. cannot deny it._5. Kay acts within the scope
10、 of her authority t ento a contract with Fist National Bank on behalf of Kays undisclosed principal, Digital Engineering, Inc. Digital isa. liable on the contract only if Digital the contact.b. liable on the contract only if Digitals identity is later disclosed.c. liable on the contract under the st
11、atd cricumstances._6. Quality Products Company requires its ustomers to pay by check. Ray, a Quality agent, tells customers that they can pay him with cash. Quality learns of Rays collections, but takes no action to stop them Ray ateals someof some of the cash. Quality may be liable the loss under t
12、he doctrine of a. apparent authority.b. express authority.c. imagined authority.d. implied authority._7. Smith Petroleum, Inc, contracts to tell oil to Joned Petrochmicals, tell Jones that ti is acting on ehalf of “a rich Saudi Arabian who doesnt want his identity known.” Smith signs the contracts,”
13、 Smith, as agent only .” In fact, Smith is acting on its iwn. If the contract is breache, Smith maya. not be liable, because Smith signed rhe contract as an agent.b. not be liable, unless Jones knew Smith did not have authority.c. be liable, unless Jones knew Smith did not have authority to act.d. b
14、e liable, because Smith signed the contract as an agent._8. National Manufacting, Inc, employs Mark as an assembly worker. While attempting , without Nationals knowledge, to steal a forklift from Nationals property, Mark hs has an accident,negligently injuring Pam. Pam can recover froma. Mary only.b
15、. National and Mark.c. Natinal only.d. neifher Natinal nor Mark._9. Standard Delivery Company enploys Tina as a driver. While drive within the scope of employment, Tina causes an accident in which Vic can recover froma. neither Standard nor Tinab. Standard only.c. Srandard or Tina.d. Tina only._10.
16、American Grocers, Inc, employs Jill to buy and install a computer system for Americansdistribution network, when the system is set up and running , the agencya. terminates automatically.b. terminates after fourteen days.c. continues for one year.d. continues indefinitely.1. One of the most common, i
17、mportant, and pervasive legal relationships is that of: a. discrimination. b. prostitution. c. agency. d. review. 2. Agency is defined as: a. the relationship of a child to its parents in terms of duty and obedience. b. the fiduciary relationship reflecting one partys agreement to act on behalf of a
18、nother party and be subject to her control, with the second partys consent. c. a relationship in which one works for, and receives payment from, an employer, but whose working conditions and methods are not controlled by the employer. d. a relationship involving a skilled person who controls the man
19、ner and method of his work. 3. The partyrepresented by the agent is known as: a. the assignor. b. the drawer. c. the principal. d. the contractee. 4. A fiduciary relationship is one that: a. involves a high degree trust and confidence. b. arises only between family members. c. typically exists betwe
20、en employees in government agencies. d. that allows the parties to legally avoid their obligations to one another. 5. The general rule with regard to employees who deal with third parties is that, with respect to their employers: a. they are deemed to be independent contractors. b. they are not deem
21、ed to be agents. c. they are deemed to be undisclosed principals. d. they are deemed to be agents. 6. When determining whether a worker is an employee or an independent contractor, the key element to consider is: a. the length of time necessary to finish a job. b. the hours worked by the worker. c.
22、the degree to which the worker is computer literate. d. the extent to which the employer controls the actions of the worker. 7. If Joe, who owns a Construction and Renovation Company, agrees to renovate Mrs. Simhas bathroom, how would the Internal Revenue Service be likely to classify Joe? a. As an
23、independent contractor. b. As a disclosed principal. c. As an employee. d. As a partially disclosed principal. 8. Suppose that Kate works at home making unique childrens clothes. Larry buys Kates clothes to sell in his store called The Wonder Years. What is Kates legal relationship to Larry? a. She
24、is probably an employee. b. She is probably a principal. c. She is probably an independent contractor. d. She is probably an agent by operation of law. 9. Which of the following IS NOT a way for an agency relation to arise? a. By rescission. b. By operation of law. c. By agreement. d. By estoppel. 1
25、0. Ratification means: a. the appearance of agency exists when, in fact, none does exist. b. the fiduciary obligations owed by an agent to a principal. c. the act of approving or affirming a contract made by someone who was not an agent or by an agent who was not authorized to form the contract. d.
26、the act of rejecting an obligation of an agent who acted outside the scope of her authority. 11. If James goes out shopping and, using his wife Marias credit card, he buys $221.00 worth of groceries, is Maria liable for the purchase? a. Yes, based on the doctrine of respondeat superior. ？b. Yes, bas
27、ed on the creation of an agency by operation of law. c. Yes, based on the duty of performance. d. No, based on the Jamess lack of a power of attorney. 12. Which of the following IS NOT a duty of an agent? a. Loyalty. b. Payment. c. Performance. d. Notification. 13. Suppose that Misha, who is Darlene
28、s agent, takes money that Darlene gives him to purchase a new commercial oven and deposits the money into his personal checking account. Misha then accidentally spends some of Darlenes money. In this case: a. Misha violated his duty of loyalty. b. Misha violated his duty of payment. c. Misha violate
29、d his duty of accounting. d. Misha violated his duty of cooperation. 14. One of the main duties a principal owes to an agent is: a. the duty of cooperation. b. the duty of accounting. c. the duty of ratification. d. the duty of loyalty. 15. Which of the following remedies may an agent seek when the
30、principal breaches a duty owed to the agent? a. Withholding performance. b. Avoidance of the principal. c. Creation of a deconstructive trust. d. Indemnification of the principal. 20. Indemnification means that: a. the principal is required to continue the agency contract. b. the agent has taken advantage of the agency relationship to purchase property or goods. c. a contract made by an agent is canceled. d. if a third party sues the principal for damages caused by the agents negligence or unauthorized actions, the principal may sue the agent to recover an equal amount of damages.e.
