Blaw UARK Final Exam Questions With Correct
Answers
In general a principal is not liable for a tort committed by an agent under which
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of the following circumstances? - CORRECT ANSWER✔✔-The agent deliberately
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harmed the victim as a result of personal animosity towards the victim
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Magic Carpet Co hired Chad to install carpet in its customers' homes. Chad
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installed carped in a customer's home, but did the job in such a negligent manner
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|that the customer's walls and baseboards were damaged. The customer sued
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both Magic Carpet Co. and Chad. In order to find Magic Carpet Co. liable fore acts
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|of Chad, the customer (plaintiff) must prove that: I. Chad had the status of an
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independent contractor, II Chad was subject to the direct control of Magic Carpet
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Co., III Chad was inthe course and scope of his employment with Magic Carpet
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Co, IV Chad's actions in harming the customer were done deliberately and with
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specific intent to harm the customer. - CORRECT ANSWER✔✔-II and III only
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Large Company hired a manager for one of its stores in Alma, Arkansas. Although
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it was normal for such managers to purchase needed office equipment from
| | | | | | | | | | | |
suppliers, Large Company established the unusual policy of requiring that all such
| | | | | | | | | | | |
purchases be approved by the corporation's board of directors. If the manager
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should disregard these instructions and make a contract to purchase equipment
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in the ordinary course of business, would Large Company be liable on this
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contract? - CORRECT ANSWER✔✔-Yes, due to the manager's apparent authority
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Scarlett hired Rhett (of Rhett's Painting Service) to paint her house. The job was
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expected to take two days, and during the time that Rhett was working on the
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house Scarlett was busy at her own job. On the second day Rhett negligently
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,dropped a can of paint and it splashed all over a new sports car owned by
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Scarlett's neighbor. A question has arisen as to whether Scarlett is liable for
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Rhett's negligent act. In resolving this question a court would probably rule that: -
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CORRECT ANSWER✔✔-Scarlett is not liable because Rhett is classified as a
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"independent contractor."
| |
The expression "respondeat superior" refers to the following: - CORRECT
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ANSWER✔✔-liability of a "master" for torts of a "servant" | | | | | | | |
Allen hired Peter (of Peter's Painting Service) to paint a 100-unit apartment
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complex owned by Allen. The job was expected to take 4 months. Allen closely
| | | | | | | | | | | | | |
supervise Peter's work. Allen provided all the materials, including scaffolding, for
| | | | | | | | | | |
the job. On the second day, Peter negligently dropped a can of paint and it struck
| | | | | | | | | | | | | | | |
and injured one of Allen's tenants. A question has arisen as to whether Allen is
| | | | | | | | | | | | | | |
liable for Peter's negligent act. In resolving this question a court would probably
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rule that: - CORRECT ANSWER✔✔-Allen is liable because Peter is classified as a
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servant
Hannah allowed her friend Carol to borrow her laptop computer for a week
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during Thanksgiving Break. During that time Carol, without permission from
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Hannah, sold the laptop to a friend in one of her classes. When Hannah and Carol
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returned from the break Carol told her that she had sold the laptop because the
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amount offered by the buyer was "too good to pass up." She then gave the
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money to Hannah, who said "WOW" and "THANK YOU" and kept the money.
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Based on these facts is the contract of sale valid against Hannah? - CORRECT
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ANSWER✔✔-Yes, under the ratification doctrine | | | |
The expression "power of attorney" refers to the following: - CORRECT
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ANSWER✔✔-A written agency agreement | | |
, What duties does an agent owe a principal? - CORRECT ANSWER✔✔-
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Performance, loyalty, obedience, and accounting duties | | | | |
A principal can be held liable for a contract made by an agent created under
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which type of authority? I. Express, II. Implied, III. Apparent - CORRECT
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ANSWER✔✔-I, II, and III | | |
Which of the following is the most important factor in determining whether an
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agent is classified as a "servant." - CORRECT ANSWER✔✔-Whether the agent is
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subject to the direct control of the principal
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Bonnie is a receptionist at a local law firm. She works 9 AM to 5 PM. Her job
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duties require her to answer the phones, make copies, greet clients, etc. In
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addition Bonnie must pick up the mail from the post office every morning at 10
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AM and take the outgoing mail back to the post office every afternoon at 3 PM.
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One day Bonnie gets into a car accident while going to pick up the law firm's mail.
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The injured party wants to sue the law firm for Bonnie's negligence. Which of the
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following is true? - CORRECT ANSWER✔✔-The law firm is likely liable because
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Bonnie was acting within the course and scope of her employment.
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Tammy made a contract on behalf of her friend Billy to sell some of his furniture,
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even though Billy had not given her authority to do so. Immediately after making
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the contract she told Billy what she had done, and feeling that Tammy had gotten
| | | | | | | | | | | | | |
|a good price for the furniture Billy thanked Tammy and took the money. A few
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weeks later Billy changed his mind and contacted the buyer of the furniture,
| | | | | | | | | | | | |
telling her that Tammy had no authority to make the sale, and he wanted his
| | | | | | | | | | | | | | |
furniture back. Assuming that these facts can be proven, a court would probably
| | | | | | | | | | | | |
rule that: - CORRECT ANSWER✔✔-Billy is bound to the contract under ratification
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Answers
In general a principal is not liable for a tort committed by an agent under which
| | | | | | | | | | | | | | | |
of the following circumstances? - CORRECT ANSWER✔✔-The agent deliberately
| | | | | | | | |
harmed the victim as a result of personal animosity towards the victim
| | | | | | | | | | |
Magic Carpet Co hired Chad to install carpet in its customers' homes. Chad
| | | | | | | | | | | | |
installed carped in a customer's home, but did the job in such a negligent manner
| | | | | | | | | | | | | |
|that the customer's walls and baseboards were damaged. The customer sued
| | | | | | | | | | |
both Magic Carpet Co. and Chad. In order to find Magic Carpet Co. liable fore acts
| | | | | | | | | | | | | | |
|of Chad, the customer (plaintiff) must prove that: I. Chad had the status of an
| | | | | | | | | | | | | | |
independent contractor, II Chad was subject to the direct control of Magic Carpet
| | | | | | | | | | | | |
Co., III Chad was inthe course and scope of his employment with Magic Carpet
| | | | | | | | | | | | | |
Co, IV Chad's actions in harming the customer were done deliberately and with
| | | | | | | | | | | | |
specific intent to harm the customer. - CORRECT ANSWER✔✔-II and III only
| | | | | | | | | | |
Large Company hired a manager for one of its stores in Alma, Arkansas. Although
| | | | | | | | | | | | | |
it was normal for such managers to purchase needed office equipment from
| | | | | | | | | | | |
suppliers, Large Company established the unusual policy of requiring that all such
| | | | | | | | | | | |
purchases be approved by the corporation's board of directors. If the manager
| | | | | | | | | | | |
should disregard these instructions and make a contract to purchase equipment
| | | | | | | | | | |
in the ordinary course of business, would Large Company be liable on this
| | | | | | | | | | | | |
contract? - CORRECT ANSWER✔✔-Yes, due to the manager's apparent authority
| | | | | | | | |
Scarlett hired Rhett (of Rhett's Painting Service) to paint her house. The job was
| | | | | | | | | | | | | |
expected to take two days, and during the time that Rhett was working on the
| | | | | | | | | | | | | | |
house Scarlett was busy at her own job. On the second day Rhett negligently
| | | | | | | | | | | | | |
,dropped a can of paint and it splashed all over a new sports car owned by
| | | | | | | | | | | | | | | |
Scarlett's neighbor. A question has arisen as to whether Scarlett is liable for
| | | | | | | | | | | | |
Rhett's negligent act. In resolving this question a court would probably rule that: -
| | | | | | | | | | | | |
CORRECT ANSWER✔✔-Scarlett is not liable because Rhett is classified as a
| | | | | | | | | | |
"independent contractor."
| |
The expression "respondeat superior" refers to the following: - CORRECT
| | | | | | | | | |
ANSWER✔✔-liability of a "master" for torts of a "servant" | | | | | | | |
Allen hired Peter (of Peter's Painting Service) to paint a 100-unit apartment
| | | | | | | | | | | |
complex owned by Allen. The job was expected to take 4 months. Allen closely
| | | | | | | | | | | | | |
supervise Peter's work. Allen provided all the materials, including scaffolding, for
| | | | | | | | | | |
the job. On the second day, Peter negligently dropped a can of paint and it struck
| | | | | | | | | | | | | | | |
and injured one of Allen's tenants. A question has arisen as to whether Allen is
| | | | | | | | | | | | | | |
liable for Peter's negligent act. In resolving this question a court would probably
| | | | | | | | | | | | |
rule that: - CORRECT ANSWER✔✔-Allen is liable because Peter is classified as a
| | | | | | | | | | | | |
servant
Hannah allowed her friend Carol to borrow her laptop computer for a week
| | | | | | | | | | | | |
during Thanksgiving Break. During that time Carol, without permission from
| | | | | | | | | |
Hannah, sold the laptop to a friend in one of her classes. When Hannah and Carol
| | | | | | | | | | | | | | |
returned from the break Carol told her that she had sold the laptop because the
| | | | | | | | | | | | | | | |
amount offered by the buyer was "too good to pass up." She then gave the
| | | | | | | | | | | | | | |
money to Hannah, who said "WOW" and "THANK YOU" and kept the money.
| | | | | | | | | | | | |
Based on these facts is the contract of sale valid against Hannah? - CORRECT
| | | | | | | | | | | | | |
ANSWER✔✔-Yes, under the ratification doctrine | | | |
The expression "power of attorney" refers to the following: - CORRECT
| | | | | | | | | | |
ANSWER✔✔-A written agency agreement | | |
, What duties does an agent owe a principal? - CORRECT ANSWER✔✔-
| | | | | | | | | |
Performance, loyalty, obedience, and accounting duties | | | | |
A principal can be held liable for a contract made by an agent created under
| | | | | | | | | | | | | | |
which type of authority? I. Express, II. Implied, III. Apparent - CORRECT
| | | | | | | | | | | |
ANSWER✔✔-I, II, and III | | |
Which of the following is the most important factor in determining whether an
| | | | | | | | | | | | |
agent is classified as a "servant." - CORRECT ANSWER✔✔-Whether the agent is
| | | | | | | | | | | |
subject to the direct control of the principal
| | | | | | |
Bonnie is a receptionist at a local law firm. She works 9 AM to 5 PM. Her job
| | | | | | | | | | | | | | | | | |
duties require her to answer the phones, make copies, greet clients, etc. In
| | | | | | | | | | | | |
addition Bonnie must pick up the mail from the post office every morning at 10
| | | | | | | | | | | | | | |
AM and take the outgoing mail back to the post office every afternoon at 3 PM.
| | | | | | | | | | | | | | | |
One day Bonnie gets into a car accident while going to pick up the law firm's mail.
| | | | | | | | | | | | | | | |
The injured party wants to sue the law firm for Bonnie's negligence. Which of the
| | | | | | | | | | | | | | |
following is true? - CORRECT ANSWER✔✔-The law firm is likely liable because
| | | | | | | | | | | | |
Bonnie was acting within the course and scope of her employment.
| | | | | | | | | |
Tammy made a contract on behalf of her friend Billy to sell some of his furniture,
| | | | | | | | | | | | | | | |
even though Billy had not given her authority to do so. Immediately after making
| | | | | | | | | | | | | |
the contract she told Billy what she had done, and feeling that Tammy had gotten
| | | | | | | | | | | | | |
|a good price for the furniture Billy thanked Tammy and took the money. A few
| | | | | | | | | | | | | | |
weeks later Billy changed his mind and contacted the buyer of the furniture,
| | | | | | | | | | | | |
telling her that Tammy had no authority to make the sale, and he wanted his
| | | | | | | | | | | | | | |
furniture back. Assuming that these facts can be proven, a court would probably
| | | | | | | | | | | | |
rule that: - CORRECT ANSWER✔✔-Billy is bound to the contract under ratification
| | | | | | | | | | |
