Agency Flashcards
- Forming an agency relationship requires that
a. The agreement between the principal and agent be supported by consideration.
b. The principal and agent not be minors.
c. Both the principal and agent consent to the agency.
d. The agent’s authority be limited to the express grant of authority in the agency agreement.
c. Both the principal and agent consent to the agency
합의면 됨 계약일 필요 없음
consideration
꼭 필요한 것은 아니다
김연아-어머니
명시적인 권한에 제한이 됨 x
추인 등등 존재
- Which of the following actions requires an agent for a corporation to have a written agency agreement?
a. Purchasing office supplies for the principal’s business.
b. Purchasing an interest in undeveloped land for the principal.
c. Hiring an independent general contractor to renovate the principal’s office building.
d. Retaining an attorney to collect a business debt owed to the principal.
b. Purchasing an interest in undeveloped land for the principal.
부동산 계약
written
사기 방지 법
MYLEGS
a. goods 600불 이상 아니면 상관 없음
고용계약 아님
변호사 선임도 아님
- Noll gives Carr a written power of attorney. Which of the following statements is true regarding this power of attorney?
a. It must be signed by both Noll and Carr.
b. It must be for a definite period of time.
c. It may continue in existence after Noll’s death.
d. It may limit Carr’s authority to specific transactions.
d. It may limit Carr’s authority to specific transactions.
대리인의 권한에 특정 거래에 한정할 수 있다.
principal만 필요,
시간 관계없음
- A principal and agent relationship requires a
a. Meeting of the minds and consent to act.
b. Specified consideration.
c. Written agreement.
d. Power of attorney.
a. Meeting of the minds and consent to act.
본인 대리인의 의사의 합치
- Vicki Trent was retained in writing to act as Post’s agent for the sale of Post’s memorabilia collection. Which of the following statements is true?
I. To be an agent, Trent must be at least 21 years of age.
II. Post would be liable to Trent if the collection was destroyed before Trent found a purchaser.
a. I only.
b. II only.
c. Both I and II.
d. Neither I nor II.
d. Neither I nor II.
Post-principal
Trent Vicky agent
아직 한 일이 없기 때문에
팔기 전에 불상 소멸
- Which of the following is not an essential element of an agency relationship?
a. It must be created by contract.
b. The agent must be subject to the principal’s control.
c. The agent is a fiduciary in respect to the principal.
d. The agent acts on behalf of another and not himself or herself.
a. It must be created by contract.
contract 항상 필요 x
agent principal의 이익추구
자신의 이익 추구 x
- Smith entered an oral agreement hiring and authorizing Jones to sell fraudulent identification cards produced by Smith. Smith and Jones orally agreed to share the proceeds from their enterprise. Later, Jones claimed that no enforceable agency relationship was created. Jones is correct because
a. Jones did not have authority.
b. Jones did not have contractual capacity.
c. The purpose of the agency was contrary to public policy.
d. The agreement was a partnership.
c. The purpose of the agency was contrary to public policy.
oral-사기방지법, contract
hiring-independent vs employee ->agency
fraudulent transfer
사기성 이전
범죄는 유효하지 않는다
공공 정책에 반하는 것
- Blue, a used car dealer, appointed Gage as an agent to sell Blue’s cars. Gage was authorized by Blue to appoint subagents to assist in the sale of the cars. Vond was appointed as a subagent. To whom does Vond owe a fiduciary duty?
a. Gage only.
b. Blue only.
c. Both Blue and Gage.
d. Neither Blue nor Gage.
c. Both Blue and Gage.
복대리 둘 다에
a fiduciary duty 책임
- Which act, if committed by an agent, will cause a principal to be liable to a third party?
a. A negligent act committed by an independent contractor in performance of the contract that results in injury to a third party.
b. An intentional tort committed by an employee outside the scope of employment that results in injury to a third party.
c. An employee’s failure to notify the employer of a dangerous condition that results in injury to a third party.
d. A negligent act committed by an employee outside the scope of employment that results in injury to a third party.
c. An employee’s failure to notify the employer of a dangerous condition that results in injury to a third party.
a. 독립 계약자, 과실 x (위험한 경우 빼고) b. 고의적 불법 행위 배달부가 배달 마치고 절도 d. 과실인데, outside the scope of employment이면 안 됨
- What fiduciary duty, if any, exists in an agency relationship?
a. The agent owes a fiduciary duty to third parties he deals for and on behalf of the principal.
b. The principal owes a fiduciary duty to the agent.
c. The agent owes a fiduciary duty to the principal.
d. There is no fiduciary duty in an agency relationship.
c. The agent owes a fiduciary duty to the principal.
- Jay White, an engineer, entered into a contract with Sky, Inc., agreeing to provide Sky with certain specified consulting services. After performing the services, White was paid pursuant to the contract, but Social Security taxes were not withheld from his check since Sky considered White an independent contractor. The IRS has asserted that White was an employee and claims that a deficiency exists because of Sky’s failure to withhold and pay Social Security taxes. Which of the following factors is most likely to support the IRS’s position that White is an employee?
a. White was paid in one lump sum after all the services were performed.
b. White provided his own office and supplies.
c. Sky supervised and controlled the manner in which White performed the services.
d. Sky reserved the right to inspect White’s work.
c. Sky supervised and controlled the manner in which White performed the services.
white employee 세금 내야한다
a. 모두 다 지불 했다
- ABC Construction decides to use an independent contractor to complete the roof of one of its construction projects. All of the following are true regarding use of the independent contractor except
a. ABC can avoid strict liability by engaging a contractor to ensure a safe workplace.
b. If ABC negligently selects an independent contractor, ABC is liable for its negligent acts.
c. ABC is liable for a contract made by the independent contractor on ABC’s behalf if it is ratified by ABC.
d. Ultra-hazardous activity is usually the subject of strict liability.
c. ABC is liable for a contract made by the independent contractor on ABC’s behalf if it is ratified by ABC
Torts 불법 행위법
1) Intentional
(battery 폭행 assault 폭행위협, false imprisonment 불법 감금, trespass to Land 부동산 불법 침해
Trespass chattels 동산 침해
2) Negligence 과실
3) Strict Liability 무과실; 엄격 책임 (고의 과실 없는데 피해 발생)
a. domestic animal 호랑이 가두는 경우
b. ultra-hazardous activities
고도로 위험한 활동
c. Product Liability 제조물 책임
물건에 하자가 생겨서
b. If ABC negligently selects an independent contractor, ABC is liable for its negligent acts.
선별 자체에 과실이 있는 경우-아무도 고용안하는데
영업 장소에서 과실
- A principal is most likely to be held criminally liable for the crime of an agent who
a. Violated a regulatory statute.
b. Committed the crime without the approval of the principal.
c. Committed the crime without the participation of the principal.
d. Acted within the course and scope of employment.
a. Violated a regulatory statute.
법규위반
꽃 배달하는 사람이 강도행위
책임질 필요 없음
- Under agency law, which of the following statements best describes ratification?
a. A principal’s affirmation of an agent’s authorized act.
b. A principal’s affirmation of an agent’s unauthorized act.
c. A principal’s approval in advance of an agent’s acts.
d. A principal’s disavowal of an agent’s unauthorized act.
b. A principal’s affirmation of an agent’s unauthorized act.
상을 줘야한 것
잘한 것에 대해서
추인 나중에 인정해주는 것
