Agency Flashcards
How is apparent authority created?
- By perceptions of third parties that have been created or allowed by the principal.
- By agreement.
- By implication.
- By either agreement or implication.
By perceptions of third parties that have been created or allowed by the principal.
Apparent authority comes from how the agent is viewed by third parties when the principal does nothing to correct the appearance of authority.
Authority by implication stems from express authority and is not created by appearances.
Frost’s accountant and business manager has the authority to
- Mortgage Frost’s business property.
- Obtain bank loans for Frost.
- Insure Frost’s property against fire loss.
- Sell Frost’s business.
Insure Frost’s property against fire loss. An agent, such as a business manager, has implied authority to carry on the normal, day-to-day business activities of the firm. He may do things that are REASONABLY necessary to RUN THE BUSINESS, but may not take extraordinary steps without express authority.
Obtaining insurance is something that is likely to fall within this type of authority. Although it may be expensive, it is the kind of thing a prudent person does to protect property. It can be strongly argued that a person who runs a business properly takes out insurance as a matter of course.
Which of the following would not have capacity to create an agency relationship?
- An unincorporated association.
- A corporation.
- An individual.
- A government agency.
An unincorporated association.
An unincorporated association does not have capacity, because it is not an individual or an entity and therefore has no contractual capacity.
Which of the following conditions must be met to form an agency?
- An agency agreement must be in writing.
- An agency agreement must be signed by both parties.
- The principal must furnish legally adequate consideration for the agent’s services.
- The principal must possess contractual capacity
The principal must possess contractual capacity.
The principal must have the ability to enter into contracts.
Trent is retained, in writing, to act as Post’s agent for the sale of Post’s memorabilia collection. Which of the following statements is correct?
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.
- I only.
- II only.
- Both I and II.
- Neither I nor II.
Neither I nor II. An agent need only be able to function minimally and complete job tasks. If the purpose of the agency (sale of the collection) has not been accomplished at the time of destruction, the principal will have no further obligation toward the agent.
A principal and agent relationship requires a
- Written agreement.
- Power of attorney.
- Meeting of the minds and consent to act.
- Specified consideration.
Meeting of the minds and consent to act.
One cannot become another’s agent unless both sides agree and consent to the arrangement.
Under agency law, which of the following statements best describes ratification?
- A principal’s affirmation of an agent’s authorized act.
- A principal’s affirmation of an agent’s unauthorized act.
- A principal’s approval in advance of an agent’s acts.
- A principal’s disavowal of an agent’s unauthorized act.
A principal’s affirmation of an agent’s unauthorized act.
Ratification is required where the agent has acted without authority, either express or implied.
Orr gives North power of attorney. In general, the power of attorney
- Will be valid only if North is a licensed attorney at law.
- May continue in existence after Orr’s death.
- May limit North’s authority to specific transactions.
- Must be signed by both Orr and North.
May limit North’s authority to specific transactions.
In general, power of attorney is the power to handle some or all of a person’s affairs, depending on what a person wishes to grant. One may grant to another the power to do a few things, or the power to do everything.
Which of the following terms best describes the relationship between a corporation and the CPA it hires to audit corporate books?
- Employer and employee.
- Employer and independent contractor.
- Master and servant.
- Employer and principal.
Employer and independent contractor.
An external auditor is an independent contractor for the audit client.
Which of the following actions requires an agent for a corporation to have a written agency agreement?
- Purchasing office supplies for the principal’s business.
- Purchasing an interest in undeveloped land for the principal.
- Hiring an independent general contractor to renovate the principal’s office building.
- Retaining an attorney to collect a business debt owed the principal.
Purchasing an interest in undeveloped land for the principal.
Oral agency agreements are generally valid, unless the agent’s activities are covered by certain parts of the Statute of Frauds. When an interest in real property is transferred, the Statute of Frauds requires a writing. Therefore, an agent who will transfer interests in real property must also have a written agency agreement.
Thorp is a purchasing agent for Ogden, a sole proprietor, and has the express authority to place purchase orders with Ogden’s suppliers.
Thorp places an order with Datz, Inc. on Ogden’s behalf, after Ogden was declared incompetent in a judicial proceeding. Thorp was aware of Ogden’s incapacity.
Which of the following statements is correct concerning Ogden’s liability to Datz?
- Ogden will be liable, because Datz was not informed of Ogden’s incapacity.
- Ogden will be liable because Thorp acted with express authority.
- Ogden will not be liable, because Thorp’s agency ended when Ogden was declared incompetent.
- Ogden will not be liable because Ogden was a non-disclosed principal.
Ogden will not be liable, because Thorp’s agency ended when Ogden was declared incompetent.
An agency relationship terminates as a matter of law as soon as one is adjudicated incompetent. Note that a person simply acting irrationally or “crazy” does not automatically end the relationship; it is the court proceeding that is important.
Young Corp. hires Wilson as a sales representative for six months at a salary of $5,000 per month, plus 6% of sales.
Which of the following statements is correct?
- Young does not have the power to dismiss Wilson during the six-month period without cause.
- Wilson is obligated to act solely in Young’s interest in matters concerning Young’s business.
- The agreement between Young and Wilson is not enforceable, unless it is in writing and signed by Wilson.
- The agreement between Young and Wilson formed an agency coupled with an interest.
Wilson is obligated to act solely in Young’s interest in matters concerning Young’s business.
Agents such as Wilson have a fiduciary duty of the utmost good faith and loyalty toward their principals. Failing to act in Young’s interest is a clear violation of this duty.
Generally, an agency relationship is terminated by operation of law in all of the following situations, except the
- Principal’s death.
- Principal’s incapacity.
- Agent’s renunciation of the agency.
- Agent’s failure to acquire a necessary business license.
Agent’s renunciation of the agency.
Except for an agency for a specific term and an agency coupled with an interest, either side may terminate the agency arrangement at will. Therefore, no operation of law is needed when an agent desires to renounce his authority.
When a valid contract is entered into by an agent on the principal’s behalf, in a non-disclosed principal situation, which of the following statements concerning the principal’s liability is correct?
- I. The principal may be held liable once disclosed
- II. The principal must ratify the contract to be held liable
I but NOT II. When such an occurrence takes place, the principal may be held liable for the contract without ratification. The third party, under the election doctrine, may choose to recover damages from either the principal or the agent if the contract is breached.
Easy Corp. is a real estate developer and regularly engages real estate brokers to act on its behalf in acquiring parcels of land.
The brokers are authorized to enter into such contracts, but are instructed to do so in their own names without disclosing Easy’s identity or relationship to the transaction.
If a broker enters into a contract with a seller on Easy’s behalf,
- The broker will have the same actual authority as if Easy’s identity had been disclosed.
- Easy will be bound by the contract because of the broker’s apparent authority
- Easy will not be liable for any negligent acts committed by the broker while acting on Easy’s behalf.
- The broker will not be personally bound by the contract, because the broker has express authority to act.
The broker will have the same actual authority as if Easy’s identity had been disclosed. The fact that the principal remains hidden does not affect the type of authority granted. If a principal hires an agent, as is the case here, and specifically authorizes a certain type of activity, then the agent has express authority, period.
Part agrees to act as Young’s agent to sell Young’s land. Part is instructed to disclose that he is acting as an agent but not to disclose Young’s identity. Part contracts with Rice for Rice to purchase the land. After Rice discovers Young’s identity, Young refuses to fulfill the contract.
Against whom does Rice have a cause of action?
- Part
- Young
BOTH. In the case of a partially-disclosed agency relationship, as is the case here, the third party (Rice) has the right to sue the only person whose identity he knew at the time of the transaction (the agent, Part), and can also sue the principal (Young) if Rice later learns Young’s identity.
Which of the following rights will a third party be entitled to after validly contracting with an agent representing an undisclosed principal?
- Disclosure of the principal by the agent.
- Ratification of the contract by the principal.
- Performance of the contract by the agent.
- Election to void the contract after disclosure of the principal.
Performance of the contract by the agent. Normally, an agent is not bound by a contract signed on behalf of his principal. However, this question illustrates the exception to the rule, because the principal is UNDISCLOSED. In such a situation, the agent can be made to honor the agreement.
When an agent acts for an undisclosed principal, the principal will not be liable to third parties if the
- Principal ratifies a contract entered into by the agent.
- Agent acts within an implied grant of authority.
- Agent acts outside the grant of actual authority.
- Principal seeks to conceal the agency relationship.
Agent acts outside the grant of actual authority. The only other type of authority an agent may have is apparent authority, and this type CANNOT exist if the principal is undisclosed. Apparent authority exists when a third party reasonably believes, based on a principal’s actions, that an agent has authority to do something. If the third party does not know who the principal is, this cannot happen. Therefore, the only authority an agent may have in this situation is actual authority. If the agent exceeds all authority given to him, then the principal is not bound to the contract.