BL Study Guide, Chapter 13 True/False Indicate whether the statement is true or false. ____ 1. An agent has the authority to act in place of the principal. ____ 2. Some agents are employees. ____ 3. General agents are employed to accomplish a specific purpose or to do a particular job. ____ 4. A subagent is an agent lawfully appointed by a principal. ____ 5. Actual authority includes all the orders, commands, or directions a principal directly states to an agent. ____ 6. A proprietor-independent contractor relationship is legally the same as a principal-agent relationship. ____ 7. Master is a legal term used to describe someone who has the right to control the conduct of another person. ____ 8. Agency relationships are usually formed when a principal and an agent agree to the arrangement. ____ 9. Minors cannot be principals. ____ 10. A durable power of attorney gives an agent the authority to deal only with the tasks named in the agreement. Multiple Choice Identify the choice that best completes the statement or answers the question. ____ 11. The person the agent deals with on behalf of the principal is called the a. coagent. c. servant. b. proprietor. d. third party. ____ 12. An employee who is performing a physical task for a person who has a high degree of control over the employee’s time, place of work, and tools used is called a(n) a. agent's agent. c. independent contractor. b. servant. d. principal. ____ 13. An agency by circumstance, created by law, is called a. negligent hiring. c. independent contracting. b. agency by estoppel. d. ratification. ____ 14. The manager of a grocery store, who has been given authority to perform any act within the scope of that store is known as a a. special agent. c. statutory agent. b. general agent. d. would-be agent. ____ 15. The real power a principal gives to an agent to act on his or her behalf is called a. good faith. c. judgment and skill. b. apparent authority. d. actual authority. ____ 16. The agency relationship involves three parties: a. the principal, the agent, and the third party. b. the principal, the master, and the servant. c. the genuine agent, the special agent, and the contractor. d. the independent contractor, the master, and the servant. ____ 17. When a principal approves an agent’s unauthorized act after the fact, it is said to be an agency by a. statute. c. ratification. b. operation of law. d. estoppel. ____ 18. The principal cannot be held liable for anything done by the a. general agent. c. subagent. b. agent’s agent. d. special agent. ____ 19. Coagents are subject to the authority of the a. special agent. b. agent’s agent. c. principal. d. third party. ____ 20. Lawyers, stockbrokers, insurance agents, and real estate brokers are all examples of a. special agents. c. general agents. b. licensed agents. d. estoppel agents. Completion Complete each statement. 21. The principal-agent relationship is a(n) ____________________ agency relationship. 22. ____________________ authority involves clearly stated terms of agreement given orally or in writing. 23. General agents are sometimes called ____________________ agents because they have the right to use their judgment in all matters pertaining to the agency. 24. The proprietor has no ____________________ over the independent contractor. 25. Any formal writing used to confer authority on an agent is known as a(n) ____________________. 26. The law allows actual authority to be understood from the expressly stated terms of the principal. This type of authority is called ____________________. 27. Powers of attorney end when the principal withdraws the authority or ____________________. 28. A(n) ____________________ is appointed by an agent who does not have the power to make that appointment. 29. When apparent authority is based on previous dealings or transactions, it is known as ____________________. Matching Match each term with its definition. a. b. c. d. e. agency agent principal apparent authority servant f. g. h. i. j. independent contractor general agent special agent agency by estoppel agent’s agent ____ 30. When a principal unintentionally leads a third party to believe that someone has authority to act as an agent ____ 31. A person who has been given authority to perform any act within the scope of a business ____ 32. One person who represents another person in a business transaction with a third party ____ 33. The relationship that involves an agent, a principal, and a third party ____ 34. Authority that a third party believes an agent has while acting on behalf of the principal ____ 35. An agent who has been given the authority to conduct a particular transaction or to perform a specified act for his or her principal ____ 36. A person who appoints and directs the activities of an agent ____ 37. A person who contracts to do a piece of work according to his or her own methods and without being subject to the control of his or her employer except as to the result of the work ____ 38. A person whose physical conduct in the performance of a task is controlled by another ____ 39. An agent who is appointed by another agent without the principal’s permission Short Answer 40. Define how agency relationships are formed. Describe three types of work relationships. BL Study Guide, Chapter 13 Answer Section TRUE/FALSE 1. ANS: NAT: 2. ANS: NAT: 3. ANS: NAT: 4. ANS: NAT: 5. ANS: NAT: 6. ANS: NAT: 7. ANS: NAT: 8. ANS: NAT: 9. ANS: NAT: 10. ANS: NAT: T PTS: 1 NBEA IIIA T PTS: 1 NBEA IIIA F PTS: 1 NBEA III | NBEA IIIA3c F PTS: 1 NBEA III | NBEA IIIA3c F PTS: 1 NBEA III F PTS: 1 NBEA IIIA | NBEA IIIA3a T PTS: 1 NBEA IIIA T PTS: 1 NBEA IIIA | NBEA IIIA2a F PTS: 1 NBEA IIIA F PTS: 1 NBEA III | NBEA IIIA3b DIF: 2 REF: 291 DIF: 1 REF: 291 DIF: 2 REF: 299 DIF: 1 REF: 301 DIF: 2 REF: 297 DIF: 2 REF: 292 DIF: 1 REF: 292 DIF: 1 REF: 293 DIF: 1 REF: 293 DIF: 2 REF: 297 DIF: 2 REF: 291 DIF: 1 REF: 292 DIF: 3 REF: 294 DIF: 2 REF: 299 DIF: 1 REF: 297 DIF: 2 REF: 291 DIF: 2 REF: 295 DIF: 2 REF: 301 DIF: 2 REF: 301 MULTIPLE CHOICE 11. ANS: NAT: 12. ANS: NAT: 13. ANS: NAT: 14. ANS: NAT: 15. ANS: NAT: 16. ANS: NAT: 17. ANS: NAT: 18. ANS: NAT: 19. ANS: NAT: D PTS: 1 NBEA III B PTS: 1 NBEA IIIA B PTS: 1 NBEA IIIA B PTS: 1 NBEA III | NBEA IIIA3c D PTS: 1 NBEA III A PTS: 1 NBEA IIIA | NBEA IIIA2a C PTS: 1 NBEA IIIA B PTS: 1 NBEA III C PTS: 1 NBEA III | NBEA IIIA3c 20. ANS: B PTS: 1 NAT: NBEA IIIA | NBEA IIIA3a DIF: 2 REF: 293 DIF: 2 REF: 291 NAT: NBEA IIIA | NBEA IIIA2a PTS: 1 DIF: 2 23. ANS: discretionary REF: 297 NAT: NBEA III PTS: 1 24. ANS: control DIF: 3 REF: 299 NAT: NBEA III | NBEA IIIA3c PTS: 1 DIF: 1 25. ANS: power of attorney REF: 292 NAT: NBEA III | NBEA IIIA3b PTS: 1 DIF: 2 26. ANS: implied authority REF: 297 NAT: NBEA III PTS: 1 27. ANS: dies DIF: 2 REF: 297 NAT: NBEA III PTS: 1 DIF: 2 28. ANS: agent's agent REF: 297 NAT: NBEA III PTS: 1 DIF: 2 NAT: NBEA III | NBEA IIIA3c 29. ANS: customary authority REF: 403 TOP: agents OBJ: Types of Agents DIF: 3 REF: 298 NAT: NBEA III PTS: PTS: PTS: PTS: PTS: PTS: PTS: PTS: PTS: PTS: DIF: DIF: DIF: DIF: DIF: DIF: DIF: DIF: DIF: DIF: NAT: NAT: NAT: NAT: NAT: NAT: NAT: NAT: NAT: NAT: COMPLETION 21. ANS: genuine PTS: 1 22. ANS: Express PTS: 1 MATCHING 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. ANS: ANS: ANS: ANS: ANS: ANS: ANS: ANS: ANS: ANS: I G B A D H C F E J 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 NBEA IIIA NBEA III | NBEA IIIA3c NBEA IIIA | NBEA IIIA3a NBEA IIIA NBEA III NBEA III | NBEA IIIA3c NBEA IIIA | NBEA IIIA3a NBEA IIIA | NBEA IIIA3a NBEA III NBEA III | NBEA IIIA3c SHORT ANSWER 40. ANS: Answers may vary but should include the following: Agency relationships are formed when one person represents another person in a business transaction with a third party. To help determine whether or not an agency relationship exists, the functions of the principals, agents, and third parties are examined. Any three of the following four work relationships: 1. Principal-agent relationship -- This is a genuine agency relationship. The principal is the party that needs help and the agent is the party who provides help. Agents can legally conduct business on behalf of the principal. 2. Proprietor-independent contract relationship -- A proprietor is a person who hires someone to perform a task. An independent contractor works for a proprietor to perform a task using his or her own tools and deciding the best way to do the job. Proprietors have no control over independent contractors. The independent contractor cannot sign contracts or enter into business transactions for the proprietor. 3. Master-servant relationship -- A master is a person who has the right to control the conduct of another person, the servant. 4. Bailees and trustees -- A bailee is a person who holds the personal property for another person for a certain reason. A trustee is an individual who manages a trust. PTS: 1 DIF: 3 REF: 291-292 NAT: NBEA III | NBEA IIIA2a