midterm5 buisness207 fall03 Perello - Nam ” Midterm V\J...

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Unformatted text preview: Nam- , ' .- ” Midterm V \J \ ‘b- l A . " 1(- ifxgmx'l g3. ,{tgjp‘fif‘}. UUULA Enema-l- 'm.————_—7_fi_a‘f ”Wm. .. \ BUS 207 Perello - Fall 2003 A. wgen is a principal not allowed to Eermm ate an a ency? ~ ~T-‘v 0W. 13C) 59rcitu~icg Mung i223. g #6 P? f: ; f 1.3135 of} B. What elements are needed to create apparent authority? MMCU’L (Wt, $25!“, has [hut “Wit-“i C. Workplace s ty is regulated at the federal level by D. An agent’s E i Ag; 2 (g C 5 ; duty means he must always act in the best interests of the principal E. Creating anagency by E lamb ' like the agent was an agent and i‘ ow trying to deny it. means the principal acted F. A non-disclosure agreement is really just an expressiform of an agent’s duty of m—budc . fir . G. States wanting to reduce the power of unions have passed ()3 Q. , Q N QM Z (A 3‘ ma laws which revent all workers in one business from bein forced to 'oin a union. Answer the following questions on . ur scantron. 1. An agent’s duty of loyalty mcludes the duty not to compete against the principal. [email protected] 2. Creating an agency by estoppel means the jury finds the agency to be created because of the behavior of the parties based on ‘ social or industry standards. { 3. There must be consideration on both sides to make an agency agreement binding on both parties. 4. Generally, an agency may be terminated by either party at any time. @F 5. Ifthe agent acts within the scope of his authority in making a contract, the principal will be bound to the contract. 6. The following are elements of a valid «is. not illegal) non-competition contract except a. reasonable as to the amount of time the signer cannot perform that type of work b. the party requesting the contract . must be in danger of losing money without it c. ancillary to sale of business or 1, employment contract ‘ nsuring the signer will still be able to make a living '[email protected] 7. An agent is considered (7 independent contractor if both [9 parties to the agency agree and treat him as one. % 8. Paul’s agent Al, in the course of his agency, drives 50 miles. Paul must pay his expenses because of his (Paul’s) duty of indemnification. % 9. Having a workforce from which ' a protected class is entirely absent is an example of disparate treatment 6? 10. The principal is the party in an agency who owns the property with which the agency is concerned. @ ll. Implied authority exists ifa reasonable third party believes the agent has authority because of an action by the principal. m 12. The doctrine of respondent superior makes employers liable for the torts of an employee. 13. Non-disclosure agreements are more likely to be upheld by courts than non-competition agreements. @F 14. Sexual harassment cases based on a quid pro quo arrangement means the person being harassed is asked to give sex in return for some benefit. f/l 5 A principal is not liable for his ent’s tort for all the following reasons except a. the ag t’éommits an , in tional act within the cope of the agency. the agent 'ts a negligent act wi ' the scope of the "a cy. , the agent commits a fiohc act within the scope of the 16. Worker’s Compensation made employers strictly liable for injuries to their employees but required employees to give up ' a. the right of privacy in the workplace. - b. the right to unionize. @he right to sue the employer for negligence. d. the right to sue the employer for breach of the employment contract. 17. The 1938 Fair Labor Standards Act enacted all the following except: A a national minimum wage. b. which occupations were exempt fiom regulation. / the concept of overtime. d’ the minimum hours of work need to qualify as a full-time worker. 18. Nancy is a waitress but aspires to be a computer salesperson. She poses as a Microsoft salesmrson and negotiates the sale of software to a local firm. The firm 7/. 5w? 2"») sends a check to Microsoft, who cash it and ship the software. The contract between the firm and Microsoft a. is valid because it has been ratified. - /K is valid because of apparent’* L authority. "" @s valid because of implied . authority. (1. is invalid. ...
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