Professional Documents
Culture Documents
MODULE 29 AGENCY
MULTIPLE-CHOICE ANSWERS
Characteristics
1. (d) A power of attorney is written authority con- ferred to an agent. It is conferred in a formal
writing. A power of attorney can be general or it can grant the agent only restricted authority.
Answer (a) is incorrect because the power of attorney must be signed only by, the person
granting such authority. Answer (b) is incorrect because the power of attorney does not have to
be for a definite, specified time period. Answer (c) is incorrect because the death of the
principal constitutes the termination of an agency relationship by operation of law.
2. (c) The relationship between a principal and agent is based upon the consent of both parties, also
involving a meeting of the minds. Answer (d) is incorrect because specified consideration is
not needed to create an agency relationship; the relationship between theprincipal and the
agent need not be contractual. Answer (a) is incorrect be- cause although the principal and
agent relationship may be written, a written agreement is not required. Answer (b) is incorrect
because power of attorney is not needed to create an agency relationship.
3. (c) An employee is generally subject to control as to the methods used to complete the work. An
independent contractor is typically paid for the completion of the project rather than on an
hourly, weekly, or monthly basis. Answer (a) is incorrect because supervision by Sew Corp.
personnel shows an employment relationship. Answer (1;» is incorrect because independent
contractors typically provide their own tools. Answer (d) is incorrect because the work of both
employees and independent contractors can require a high degree of skill. .
B. Methods of Creation
8. (d) An agent must merely have sufficient mental and physical ability 'to carry out instructions of
hislher principal. An agent can bind the principal even if the agent is a minor. If the
memorabilia collection was destroyed before Trent found a purchaser, Post would not be liable
to Trent. Upon the loss or destruction of the subject matter on which the agency relationship is
based, the agency relationship is terminated.
9. (c) The fiduciary duty is an important duty owed by agents to their principals. Gage as Blue's
agent was authorized by Blue to appoint subagents to assist in the sales transactions. Since
Gage did appoint Vonda as a subagent, legally Bond is an agent both of Blue and Gage.
Therefore, Vonda owes a fiduciary duty to both Blue and Gage making (a), (b), and (d) all
incorrect.
10. (c) Resulting authority is not one of the types of authority that an agent might have. Answer (a)
is not chosen because actual express authority is a common type of au- throaty and consists of
all authority expressly given by the principal to his/her agent. Answer (b) includes the
authority that can be reasonably implied from the express authority and the conduct of the
principal. Answer (d) is not chosen because even though a party was never authorized by a
principal to be an agent, if the principal leads a third party to believe that the party did have
authority, this is apparent agency.
11. (b) An agency agreement normally does not need to be in writing. Exceptions to this general
rule include agency contracts that cannot be completed within one year and agreements
whereby the agent is to buy specific real estate for the principal. This question incorporates the
latter. Typical agency agreements need not be in writing; these would include purchasing
office supplies, retaining an independent contractor to do renovation work, or hiring an
attorney to collect a business debt.
12. (c) An agent has implied authority to do what is customary for agents of that type to do under
the circumstances. It would be customary for one who is a principal's accountant and business
manager to have authority to insure the principal's property against fire loss. Answers (a), (b),
and (d) are incorrect because they involve authority that is beyond customary, ordinary
authority.
B.S. Ratification
13. (d) Since Ames had no express, implied, or actual authority, Trimon cannot enforce the
contract. Answer (a) is not chosen because ratifications under agency law require that the
contract be ratified in its entirety or not at all. Answer (b) is not chosen because until Clar
ratifies the contract in its entirety, Trimon may withdraw from the contract since Ames had no
authority to make the contract. Answer (c) is not chosen because ratification can be
accomplished by actions as well as words.
14. (b) When the third party is aware that there is a principal, that principal, fully disclosed or
partially disclosed, may generally ratify the contract when he or she is aware of all material
facts and if ratification of the entire contract takes place.
C. Authority
15. (a) Since Beetle authorized McDonald to be his agent, the secret limitation has no effect on
York. York may enforce the contract for the full $140,000. Answer (b) is incorrect because
Beetle authorized McDonald to be his agent. Even though his agent was instructed to pay at
most $125,000 in the contract, this was a secret limitation that did not limit York who was
unaware of it. Answer (c) is incorrect because McDonald was given authority to purchase real
estate on Bee1e's behalf. The limitation on the dollar amount was not known by York and
therefore does not limit her. Answer (d) is incorrect because although York can enforce the
contract against Beetle, it is because Beele gave authority to McDonald rather than how much
the real estate is worth.