True or False 21.) As a general rule, the third party can successfully sue the agent of a disclosed principal for damages upon breach of the contract...
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True or False

21.) As a general rule, the third party can successfully sue the agent of a disclosed principal for damages upon breach of the contract by the principal.

22.) An agent cannot reveal the trade secrets or confidential materials of his or her principal while still employed by the principal, but this restriction ends with the termination of the agency or employment.

23.) Apparent authority is based upon conduct of the principal.

24.) If a third party sues an agent who is working on behalf of an undisclosed principal, not knowing that there is a principal, a judgment against the agent precludes any action against the principal by the third party.


25.) When Ken comes home from work one day, his neighbor Nick is waiting for him. "Your lawn is a mess," says Nick, "and you really should do something about it." Ken says, "I'm going on vacation tomorrow. Can you get someone to do a nice job on the lawn for me?" Nick says, "Sure." Nick hires Carlos, a professional landscaper, to fix up Ken's lawn and yard. When Ken returns, Carlos presents him with a bill, which was a reasonable amount. Ken says that he never authorized Nick to promise that Ken would pay this amount. Is Ken obligated to pay Carlos?


A. Yes, because of Nick's express authority.

B. Yes, because of Nick's incidental authority.

C. Yes, because of Nick's ratification authority.

D. Yes, because of Nick's estoppel authority.


26.) Marco was a furniture buyer for Wellart Department Stores. Marco was authorized to enter into contracts worth up to $50,000. Marco entered into a contract with Frank's Furniture to purchase $100,000 worth of dining room furniture. If Wellart refuses to honor the contract and Frank's sues,


A. Wellart will win, as Marco exceeded his authorized limit.

B. Wellart will win since it never ratified the contract.

C. Frank's will win, as Marco had implied and/or apparent authority.

D. Frank's will win, as Marco had express authority.


27.) The inherent power of an agent to accomplish the purpose of the agency comes from the agent's


A. apparent authority.

B. incidental authority.

C. express authority.

D. actual authority.

E. implied authority.


28.) On behalf of Bayner, Inc., Myron entered into a contract with Southern. Southern was not aware that Myron was acting on Bayner's behalf. If the contract is breached, Southern could potentially sue


A. Myron only.

B. Bayner only.

C. Both Bayner and Myron.

D. Neither Bayner nor Myron.


29.) _____________ allows for a company to be held liable for the actions of an agent, even if the agent is an independent contractor.

30.) __________________ is legal responsibility for the wrong committed by another person, in this case the employer's liability for the wrongs committed by the employee.

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