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Which one of the following would represent a private
nuisance?
A. Operating a plant that pollutes a stream with hazardous
waste.
B. Persuading a married person to leave the marriage.
C. Invading an individual's privacy.
D. Interfering with an individual's enjoyment of their property.
- Correct Answers ✅Interfering with an individual's
enjoyment of their property.
In the case of an undisclosed principal, liability is limited to
the:
A. Incidental authority of the agent.
B. Third party determining the identity of the principal.
C. Apparent authority of the agent.
D. Actual Authority pf the agent - Correct Answers ✅Actual
authority of the agent.
Which one of the following statements is correct regarding
the ways unincorporated associations differ from
partnerships?
A. Members of an association can withdraw without causing
dissolution
B. Association members can participate in day-to-day
management.
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C. Profit-sharing for an association is typically on a per-capita
basis
D. Associations can hold title to real property. - Correct
Answers ✅Members of an association can withdraw without
causing dissolution
Which one of the following statements is correct regarding
tort liability of principals and agents?
A. If an agent has actual authority to make true statements
regarding a subject, the principal cannot be held liable if the
agent instead makes misrepresentations.
B. Generally, a principal is liable for the torts of agents who
are acting as independent contractors.
C. An employee is someone hired to perform services without
being subject to the hirer's direct control and supervision.
D. If an agent is an employee of the principal, the agent and
principal may have joint and several liability for any tort
committed. - Correct Answers ✅If an agent is an employee
of the principal, the agent and principal may have joint and
several liability for any tort committed.
A is incorrect. If an agent has actual authority to make true
statements regarding a subject, the principal can be
vicariously liable for misrepresentations made by the agent
even if the principal did not authorize such misstatement.
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B is incorrect. Principals are generally not liable for agent's
torts if the agent is acting as an independent contractor.
There are three exceptions to this rule, however.
C is incorrect. An independent contractor is someone hired to
perform services without being subject to the hirer's direct
control and supervision. An employee must perform services
under the direction and control of the hirer.
An insurance producer is limited in authority only to
drumming up insurance applications and forwarding them to
the insurance company. This producer is a:
A. Broker.
B. Special agent.
C. Soliciting agent.
D. General agent. - Correct Answers ✅Soliciting agent.
A soliciting agent is permitted to perform two tasks:• Solicit
applications for insurance.• Forward applications to insurance
company.
Trevor writes to Tina, a real estate broker, and asks her to sell
his house. He indicated "no response was necessary to this
letter." Tina did not respond to the letter. Tina sold Trevor's
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house, and Trevor accepted the transaction. This represents
an agency by:
A. Ratification.
B. Obedience.
C. Appointment.
D. Estoppel. - Correct Answers ✅Appointment
A principal's proposal can make a communicated acceptance
unnecessary. If the principal asks an individual to act on their
behalf and indicates that no further communication is
necessary, an agency relationship arises if the other person
acts. This is an agency by appointment.
Two individuals contributed a total of $3,000,000 capital and
loaned $5,000,000 to a start-up corporation. They created
the corporation to advance their own private interests and
commingled their business and personal investments. Other
similar companies typically require $3,000,000 of start-up
capital. The corporation may lose their limited liability due to:
A. Partnership by estoppel.
B. Commingling of business and personal funds.
C. Inadequate capitalization.
D. Thin financing. - Correct Answers ✅Commingling of
business and personal funds.