Quiz 8 Flashcards

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0
Q

Principal

A

The party for whom the agent is acting

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1
Q

Agent

A

One who acts on behalf of another

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2
Q

Express authority

A

Authority that is given by words or by action

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3
Q

Implied authority

A

Authority that is not expressed in words but rather by actions or the surrounding circumstance

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4
Q

Equal dignity rule

A

If the statute of frauds requires a contract be in writing then the agency agreement concerning that contract must also be in writing

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5
Q

Undisclosed principal

A

The third Party is unaware that an agency relationship exists

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6
Q

Agency couples with an interest

A

The agent has a financial or personal stake in the outcome of the agency relationship

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7
Q

Agency estoppel

A

The principal is estopped(prohibited) from denying the existence or the liability of an agency agreement

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8
Q

Third party beneficiary

A

A person that is not a party to a contract but benefits from the contract

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9
Q

Intended beneficiary

A

A third party beneficiary that is intended to benefit from the contract and acquires rights under the contract

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10
Q

Incidental beneficiary

A

A third party Beneficiary that acquires no rights under the contract. They cannot sue on the contract

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11
Q

Privity

A

Having a relationship to the issue or contract at hand

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12
Q

Assign/assignment

A

The transfer of a right or property interest either by sale, donation, or other means of disposition

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13
Q

Delegate/delegation

A

The transfer of a duty or an obligation to another party

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14
Q

Assignor

A

The party that transfers a property interest or right to another

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15
Q

Assignee

A

The party to whom a property interest or right is transferred

16
Q

Obligor

A

The party who owes an obligation or duty to another

17
Q

Novation

A

The substitution of parties to a contract thereby making a new contract as to the parties but not as to the terms and conditions

18
Q

Straw person/ straw buyer

A

A person not intended to have a beneficial interest in the property, but to who the property is conveyed in order to facilitate a more complicated transaction.