A fiduciary relationship allows the parties to avoid obligations without liability.
ANSWER: F
PAGE: 638
A corporate officer is not an agent for the corporation.
ANSWER: F
PAGE: 638
An officer of a corporation cannot possess the power to bind the corporation. ANSWER: F
PAGE: 638
An agent is authorized to act on behalf of a principal in doing business with third parties.
ANSWER: T
PAGE: 638
An employee may act in the capacity of an agent.
ANSWER: T
PAGE: 638
A fiduciary relationship involves trust and confidence.
63 ANSWER: T
PAGE: 638
An independent contractor’s physical conduct is controlled, or subject to control, by his or her employer.
ANSWER: F
PAGE: 639
An agency
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ANSWER: T
PAGE: 639
TYPE:
=
NAT: AACSB Analytic
AICPA Legal
A8. Agency relationships exist only outside employment relationships.
ANSWER: F
PAGE: 639
TYPE:
+
NAT: AACSB Analytic
AICPA Legal
B8. An independent contractor always acts in the capacity of an agent.
ANSWER: F
PAGE: 639
TYPE:
=
NAT: AACSB Analytic
AICPA Legal
A9. An agency relationship can be formed without consideration.
ANSWER: T
PAGE: 642
TYPE:
N
NAT: AACSB Analytic
AICPA Legal
B9. A minor cannot be appointed as an agent.
ANSWER: F
PAGE: 642
TYPE:
=
NAT: AACSB Analytic
AICPA Legal
A10. A minor can be an agent.
ANSWER: T
PAGE: 642
TYPE:
=
NAT: AACSB Analytic
AICPA Legal
B10. An agency relationship cannot exist in the absence of a formal agreement. ANSWER: F
PAGE: 642
TYPE:
=
66
TEST BANK A—UNIT SEVEN: AGENCY AND EMPLOYMENT
NAT: AACSB Analytic
AICPA Legal
A11. There does not need to be a written agreement between two parties to create an agency relationship.
ANSWER: T
PAGE: 642
TYPE:
=
NAT: AACSB Analytic
AICPA Legal
B11. An agency relationship may be created for any legal purpose.
ANSWER: T
PAGE: 642
TYPE:
=
NAT: AACSB Analytic
AICPA Legal
A12. A principal may deny the existence of an agency relationship whenever it suits his or her purpose.
ANSWER: F
PAGE: 642
TYPE:
=
NAT: AACSB Analytic
AICPA Legal
B12. A licensed professional can employ an unlicensed
* Why organisations have the agency agreement in place and how this benefits both organisations and the customer.
An agency relationship is a fiduciary relationship that is created with a written contract or oral agreement.
When there is an agent employee to an employer relationship, obedience and loyalty are to be given to the employer almost fully, if anything completely. For example, when I go to apply for a job and upon signing a contract, the employer will only hire me, if I decide to give them complete
An agency relationship is fiduciary [good faith] in nature, and the actions and words of an agent exchanged with a third party legally bind the principal.
* Minors are defined as individuals under the age of majority to contract. This is the age at which a person is entitled to the management of his/her own estate (18 in most states).
14. A(n) ________ is a relationship formed when an employer hires an employee and gives that employee authority to act and enter into contracts on his or her behalf.
Intention to create legal relations can be defined as follows. ‘An agreement will only become a legally binding contract if the parties intend this to be so. This will be strongly presumed in the case of business agreements but presumed otherwise if the agreement is of a friendly, social or domestic nature.’ Source (HNC unit 5 Business law course book) In determining whether the parties intend their agreements to be legally binding the court is guided by two presumptions. Parties to a domestic or social agreement do not intend to be legally bond. Parties
An independent contractor is defined as someone who is contracted to perform a job. The person whom is performing the job will perform by their own means and on their own time, as long as it falls within the time
How does the Russian Federation suffer from its location, physical features, and climate? What is unique about the Transcaucasus area in terms of climate?
The parties agree and understand that Contractor is an independent contractor for all purposes and is not an employee of Company. No rights or benefits of employment apply to the relationship between the parties. The parties also agree and understand that the Contractor controls the means and methods of performance under this Agreement. Neither the Company, nor any of its representatives, has
Maintaining a strong employer and employee relationship can be the key to the ultimate success of an organisation. It is known that if a strong relationship is in place employees will be more productive, more efficient, create less conflict and will be more
Employers should make it clear that they do not have a monopoly on a contractor’s services, and they do not expect loyalty such as they might from an employee. A contract may state specifically that the person providing services is an independent contractor, but it does not guarantee the classification. Still, the terms of the contract can be helpful in identifying the relationship.
An independent contractor acts on behalf of another to perform a task but is not under the direct control of another person. An independent contractor is those who work on work basis, work irregular hours and not supervised by the employer.
d) According to Contracts Act 1950, creation of an agency is created by the agreement of both the principal and the agent. No specific formality in order to form a contract of agency. Consideration is not necessary in order to form a contract of agency (Section 138 of the Contracts Act 1950)
The exchange relationship between organisation and employee ranges the entire contract spectrum from strictly legal to purely psychological (Spindler 1994). Many aspects of this relationship are shaped by legislation, enterprise agreements and/or an employment contract signed by the employee detailing issues such as hours, salary and benefit plans. However, other aspects of the employment relationship are likely to be confined to the subconscious (Spindler 1994).