1|Page
BLAW 3310 Test 3 Schwemer Exam ||Verified Exam!!||
Most Recent Exam Actual Complete Real Exam
Questions And Correct Answers (Verified Answers)
Already Graded A+ | Guaranteed Success!! Newest
Exam!!!
What is "at-will employment"? - Answer-Employers are
free to discharge employees for any reason at any time,
and employees are free to quit their jobs for any reason at
any time.
What is meant by respondeat superior and when does it
apply? - Answer-Doctrine of vicarious liability under which
an employer is held liable for the wrongful acts of his
employees committed within the scope of their
employment
IF:
The act was of the same general nature as those
authorized by the principal
The agent was authorized to be where he was at the time
the act occurred
,2|Page
The agent was serving the principal's interests at the time
of the act
What is the difference b/w actual and apparent authority of
an agent? - Answer-Actual (expressed or implied) is given
by the principal to the agent. It confers the power and right
to change the principal's legal status on the agent.
Apparent arises when a principal creates an appearance
of authority in an agent that leads a third party to conclude
reasonably that the agent has authority to act for the
principal.
What is express authority? What is implied authority? -
Answer-Express is based on oral or written instructions
given by the principal to an agent.
Implied to do whatever is reasonable to carry out the
agency purpose (usually incurred with express authority).
What duties do principals and agents owe each other? -
Answer-Duties to govern their conduct. Both parties are
, 3|Page
required to act in good faith toward each other and to
share information having important effect on the
relationship.
Principal's duties:
Cooperate; Compensate; Reimburse; Indemnify
Agent's duties:
Loyalty; Obedience and Performance; Reasonable Care;
Accounting; Notification
What are the differences among the following
relationships: employer-employee, employer-independent
contractor, and principal agent? - Answer-Employer-
Employee: The servant (employee) is hired by a master
(employer). Bc employers are presumed to be in control of
their employees, employers may be liable for the torts
committed by employees in the course of employment.
Employer-Independent Contractor: An independent
contractor is a person who contracts with another to do
something for him but who is not controlled by the other
nor subject to the other's right to control with respect to his
physical conduct in the performance of the undertaking.
BLAW 3310 Test 3 Schwemer Exam ||Verified Exam!!||
Most Recent Exam Actual Complete Real Exam
Questions And Correct Answers (Verified Answers)
Already Graded A+ | Guaranteed Success!! Newest
Exam!!!
What is "at-will employment"? - Answer-Employers are
free to discharge employees for any reason at any time,
and employees are free to quit their jobs for any reason at
any time.
What is meant by respondeat superior and when does it
apply? - Answer-Doctrine of vicarious liability under which
an employer is held liable for the wrongful acts of his
employees committed within the scope of their
employment
IF:
The act was of the same general nature as those
authorized by the principal
The agent was authorized to be where he was at the time
the act occurred
,2|Page
The agent was serving the principal's interests at the time
of the act
What is the difference b/w actual and apparent authority of
an agent? - Answer-Actual (expressed or implied) is given
by the principal to the agent. It confers the power and right
to change the principal's legal status on the agent.
Apparent arises when a principal creates an appearance
of authority in an agent that leads a third party to conclude
reasonably that the agent has authority to act for the
principal.
What is express authority? What is implied authority? -
Answer-Express is based on oral or written instructions
given by the principal to an agent.
Implied to do whatever is reasonable to carry out the
agency purpose (usually incurred with express authority).
What duties do principals and agents owe each other? -
Answer-Duties to govern their conduct. Both parties are
, 3|Page
required to act in good faith toward each other and to
share information having important effect on the
relationship.
Principal's duties:
Cooperate; Compensate; Reimburse; Indemnify
Agent's duties:
Loyalty; Obedience and Performance; Reasonable Care;
Accounting; Notification
What are the differences among the following
relationships: employer-employee, employer-independent
contractor, and principal agent? - Answer-Employer-
Employee: The servant (employee) is hired by a master
(employer). Bc employers are presumed to be in control of
their employees, employers may be liable for the torts
committed by employees in the course of employment.
Employer-Independent Contractor: An independent
contractor is a person who contracts with another to do
something for him but who is not controlled by the other
nor subject to the other's right to control with respect to his
physical conduct in the performance of the undertaking.
