A sales agent learned before closing that the buyer's financing had collapsed and that the buyer planned to miss the first payment. The agent did not tell the principal because the agent wanted the commission. Which stat...
Citations: Restatement (Third) of Agency secs. 1.01, 8.01, 8.02, 8.03, 8.05, 8.08, 8.09
A company employee signed a purchase contract as "agent for Valley Hardware" after the company's owner expressly refused to authorize that purchase. The seller reasonably believed the employee had authority and delivered...
Citations: Restatement (Third) of Agency secs. 1.01, 8.01, 8.02, 8.03, 8.05, 8.08, 8.09
A principal hired an import agent who advertised expertise in customs paperwork. The agent approved payment on a shipment without checking documents that clearly showed the wrong tariff classification, causing penalties...
Citations: Restatement (Third) of Agency secs. 1.01, 8.01, 8.02, 8.03, 8.05, 8.08, 8.09
A principal instructed an agent not to sell stored peaches below $25 per crate. A sudden refrigeration failure threatened to ruin the peaches within hours, and the principal could not be reached. Which rule best governs...
Citations: Restatement (Third) of Agency secs. 1.01, 8.01, 8.02, 8.03, 8.05, 8.08, 8.09
A purchasing agent selected a vendor for the principal's packaging contract. The vendor paid the agent an undisclosed $5,000 referral fee. The principal paid the vendor's regular posted price. Which statement is most acc...
Citations: Restatement (Third) of Agency secs. 1.01, 8.01, 8.02, 8.03, 8.05, 8.08, 8.09
After leaving a wholesaler, a former purchasing agent used the wholesaler's confidential supplier rebate list and customer renewal dates to divert renewal orders to the agent's new company. Which statement is most accura...
Citations: Restatement (Third) of Agency secs. 1.01, 8.01, 8.02, 8.03, 8.05, 8.08, 8.09
An agent collected $18,000 in customer payments for a principal, deposited the money into the agent's personal account, used part of it for personal bills, and later sent the principal $12,000 without an itemized stateme...
Citations: Restatement (Third) of Agency secs. 1.01, 8.01, 8.02, 8.03, 8.05, 8.08, 8.09
...an knew approval had been denied. Jordan signed the lease as "Jordan, agent for West Coast Fitness." The landlord spent money preparing the space. West Coast Fitness refused to occupy it. The landlord sues both West Coas...
Citations: Restatement (Third) of Agency secs. 1.01, 8.01, 8.02, 8.03, 8.05, 8.08, 8.09
...fter discovering the arrangement, the bakery sues Tomas for breach of agent duties. Analyze Tomas's duties to the bakery, his argument that the bakery paid market price, and the remedies the bakery may seek. This essay t...
Citations: Restatement (Third) of Agency secs. 1.01, 8.01, 8.02, 8.03, 8.05, 8.08, 8.09
...est describes the broker's personal liability? This question tests an agent's personal liability for wrongful acts toward third persons. Restatement (Third) of Agency secs. 1.01, 8.01, 8.02, 8.03, 8.05, 8.08, 8.09
Citations: Restatement (Third) of Agency secs. 1.01, 8.01, 8.02, 8.03, 8.05, 8.08, 8.09
A business broker agreed to represent a seller of a food truck route. Without telling the seller, the broker also agreed to help the buyer obtain financing for the same purchase and expected a referral fee from the bu...
Citations: Restatement (Third) of Agency secs. 1.01, 8.01, 8.02, 8.03, 8.05, 8.08, 8.09
...ment is most accurate? This question tests restrictions on delegating agent duties. Restatement (Third) of Agency secs. 1.01, 8.01, 8.02, 8.03, 8.05, 8.08, 8.09
Citations: Restatement (Third) of Agency secs. 1.01, 8.01, 8.02, 8.03, 8.05, 8.08, 8.09
...received a festival sponsorship. The winery sues Elena for breach of agent duties. Analyze whether Elena could delegate the negotiations, whether she breached duties in selecting or supervising the assistant, and what l...
Citations: Restatement (Third) of Agency secs. 1.01, 8.01, 8.02, 8.03, 8.05, 8.08, 8.09
...injured when the railing failed. Harbor Vista sues Nia for breach of agent duties. Analyze Nia's duties to account for funds, communicate material information, protect principal property, and preserve records. Discuss l...
Citations: Restatement (Third) of Agency secs. 1.01, 8.01, 8.02, 8.03, 8.05, 8.08, 8.09
...he trucker's temperature notes. Prairie Farms sues Omar for breach of agent duties. Analyze whether Omar breached the duty to obey instructions, whether any emergency exception applies, and whether Omar breached duties o...
Citations: Restatement (Third) of Agency secs. 1.01, 8.01, 8.02, 8.03, 8.05, 8.08, 8.09
An agent signs a transaction for a disclosed principal. The third party also sues the agent personally, arguing that an agent is always liable whenever the principal refuses to pay. Which statement is most accurate? This...
Citations: Restatement (Third) of Agency secs. 2.01-2.03, 4.01, 6.01-6.03, 7.03-7.08
A buyer knows she is dealing with a company's sales agent. The agent signs an ordinary sales contract within actual authority. The company refuses to perform and argues that the buyer should sue only the agent. Which sta...
Citations: Restatement (Third) of Agency secs. 2.01-2.03, 4.01, 6.01-6.03, 7.03-7.08
A contractor delegated its remaining duties to a substitute. The owner wants to know when the original contractor would be discharged from liability for future nonperformance. Which statement is most accurate? This MCQ t...
Citations: Restatement (Second) of Contracts section 280
A contractor delegated its remaining duties to a substitute. The owner wants to know when the original contractor would be discharged from liability for future nonperformance. Which statement is most accurate? This MCQ t...
Citations: Restatement (Second) of Contracts section 280
A defendant missed the answer deadline because its registered agent sent the complaint to the wrong office. The defendant moved promptly to set aside the clerk's entry of default and attached documents suggesting a defen...
Citations: Fed. R. Civ. P. 55(c)
A defendant missed the answer deadline because its registered agent sent the complaint to the wrong office. The defendant moved promptly to set aside the clerk's entry of default and attached documents suggesting a defen...
Citations: Fed. R. Civ. P. 55(c)
A requirements buyer assigns its contract rights and delegates its duties to a successor that buys the same factory and continues the same business. The successor's expected requirements are similar to the original buyer...
Citations: UCC sections 2-210, 2-306
A requirements buyer assigns its contract rights and delegates its duties to a successor that buys the same factory and continues the same business. The successor's expected requirements are similar to the original buyer...
Citations: UCC sections 2-210, 2-306
An agent buys equipment in the agent's own name for an undisclosed principal, within the price limit the principal gave the agent. The seller does not know the principal exists. Which statement is most accurate? This que...
Citations: Restatement (Third) of Agency secs. 2.01-2.03, 4.01, 6.01-6.03, 7.03-7.08
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