BUS 207 midterm 4

BUS 207 midterm 4 - BUS 207 — Perello — Winter 2004 —...

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Unformatted text preview: BUS 207 — Perello — Winter 2004 — Midterm IV 1. A principal not allowed to terminate an agency a. without the consent of the agent. b. at any time. /“"c"‘.“‘if to do so would constitute wrongful termination. d. if the agent would lose income because of it. 2. Apparent authority is created by a. ratification by the principal. a [fiction of the agent leading a third party to believe the agent has authority. . action of the principal leading a third party to believe the agent has authority. d. express agreement between the principal and the agent. 3. Workplace safety is regulated by OSHA to a. get compensation for injured employees. b. prevent accidents before they happen. c. cnsurc product safety. I d. preclude retaliatory firing for whistleblowers. 4. An agent must always act in the best interests of the principal because of “'5. his fiduciary duty. b. he duty to exercise best efforts. c. the terms of the agency agreement. d. his duty of obedience. 5. When a principal acted like the agent was an agent and is now trying to deny it, the agency will be created by /( express agreement. b. implication. _’ i'estoppel . id. ratification. 6. A non—disclosure agreement is really just an express form of an agent’s duty of a. obedience. V b. loyalty. caaccounting. d. best effort. T/F r/F it? 7 '1‘er & mi ' r T/F "r/F T/F r/F ‘ 28. Fill in the 13. An agent’s duty of loyalty includes the duty not to compete against the principal. ' 14. 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. 15. There must be consideration on both sides to make an agency agreement binding on both parties. 16. Generally, an agency may be terminated by either party at any time. 17. If the agent acts within the scope of his authority in making a contract, the principal will be bound to the contract. 18. An agent is considered an independent contractor if both parties to the agency agree and treat him as one. 19. 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. 20, Having a workforce from which a protected class is entirely absent is an example of disparate treatment. 21. The principal is the party in an agency who owns the property with which the agency is concerned. 22. Implied authority exists if a reasonable third party believes the agent has authority because of an action by the principal. 23. The doctrine of respondeat superior makes employers liable for the torts of an employee. 24. Non—disclosure agreements are more likely to be upheld by courts than non—competition agreements. 25. 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. 26. OSHA’s power has been restricted by major changes to its right to conduct inspections. 27. Employers generally may conduct drug testing only if they reasonably suspect an employee is actually using drugs. Lfl 93 e answer on your scantron. ...
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This note was uploaded on 04/21/2008 for the course BUS 207 taught by Professor Perello during the Spring '03 term at Cal Poly.

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BUS 207 midterm 4 - BUS 207 — Perello — Winter 2004 —...

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