Agency

Question 1

If a written agreement is necessary for the agency relationship, it will only be binding when there is signed written evidence. This principle is called … .

Answer 1

equal dignities rule

Question 2

If someone is made to believe they are acting for an agent, the person they are acting for cannot deny they are an agent, which is called … or … .

Answer 2

apparent authority, agency by estoppel

Question 3

A person who is in fact not an agent or who is an agent acting outside the scope of his or her authority may make a contract on behalf of another (a principal). If the principal affirms that contract by word or action, an agency relationship is created by … .

Answer 3

ratification

Question 4

The most used form of an agency relationship is the … . The main characteristic of this is that the … has the authority to control the behaviour of the … .

Answer 4

employer-employee relationship, employer, employee

Question 5

In an … relationship, the behaviour of the … is not fully subject to the will of the principal.

Answer 5

independent contractor, contractor

Question 6

Because of the doctrine of … , the employers are legally responsible for the conduct of their employees as long as they are acting within the scope of employment.

Answer 6

respondeat superior

Question 7

Often in the “gig” economy, workers are classified as … in order to avoid liability.

Answer 7

independent contractors

Question 8

The agent becomes a … by agreeing to act in the best interest of the principal.

Answer 8

fiduciary

Question 9

Acting in the best interest of the principal is called … .

Answer 9

duty of loyalty

Question 10

Following reasonable orders from the principal is called … .

Answer 10

duty of obedience

Question 11

… means that the agent has to behave carefully and try to avoid mistakes.

Answer 11

Duty of care

Question 12

… means that the principal gives authority through saying it.

Answer 12

Express authority

Question 13

… means that the agent may do whatever he wants in order to complete the task as long as it is reasonable.

Answer 13

Implied authority

Question 14

… is when the authority has been given to the agent in previous instances.

Answer 14

Usual authority

Question 15

… is the authority that agents within that kind of work typically have.

Answer 15

Customary authority

Question 16

A(n) … is a computer program or device or other automated means that independently initiate an action without review or action by an individual.

Answer 16

electronic agent

Question 17

Through the … , a person who uses an electronic agent is responsible for its actions even if no one knows about the outcome of the operations of the electronic agent. (However, this is only in two states: Virginia and Maryland)

Answer 17

Uniform Computer Information Transaction Act (UCITA)

Question 18

… is a type of agreement, where a third party believes that the agent has the authority from the principal to enter into a contract. (e.g. from words)

Answer 18

Apparent authority

Question 19

If … happens then a principal joins the unauthorized act of an agent, making the prior acts fall under the liability of the principal.

Answer 19

Ratification

Question 20

… happens when the principal joins the act of the agent through either words or behaviour.

Answer 20

Express ratification

Question 21

… means the authority expressly given by a principal or given by the law

Answer 21

Actual authority

Question 22

In an … relationship, one person — the … — acts for or represents another person

Answer 22

agency, agent

Question 23

A person who is in fact not an agent or who is an agent acting outside the scope of his or her authority may make a contract on behalf of another (a principal). If the principal affirms that contract by word or by action, an
… relationship is created by …

Answer 23

agency, ratification (agency by ratification)

Question 24

The agent was helped in completing the tort through the existence of the agency relationship.

Answer 24

Aided in accomplishing theory

Question 25

A … states that the user is deemed to assent to its terms by its continued use of the website

Answer 25

browsewrap agreement

Question 26

A prominent feature of electronic commerce is the … whereby users assent to a license agreement by clicking on an acceptance box

Answer 26

clickwrap license (or agreement)

Question 27

A contract … can either be … or expressed. If a contract is expressed, it must include direct terms of assent, while an implied contract typically is based on implied laws

Answer 27

ratification, implied (implied ratification)

Question 28

The … delegates a portion of his or her power to the agent, who then manages the assigned task and exercises the discretion given by the …

Answer 28

principal

Question 29

An agent may lawfully conceal the principal’s identity or even his or her existence. This may be desirable, for instance, when the principal is trying to buy adjacent properties in an area before news of a business venture is made public

Answer 29

Undisclosed principal