BLAW 371 Final Sample Questions

A corporate officer is not an agent for the corporation

False

An agent is authorized to act on behalf of a principal in doing business with third parties

True

Employees who deal with third parties are agents of their employers

True

An Independent contractor is an employer who controls his or her agent’s performance

False

An agency relationship can be formed without consideration

True

A principal is not liable to a third party for any contract made by the agent acting outside the scope of his or her authority

True

Ozzy is an officer of Prudent Financial Corporation. Ozzy serves in a representative capacity for Prudent Financial’s owners. With respect to binding Prudent Financial to contracts, Ozzy is

an agent and has the authority

KupaJava hires Lola to manage one of KupaJava’s seven drive-through coffee stands. KupaJava agrees to pay Lola a salary, plus commission. KupaJava agrees to pay Lola a salary, plus commission. KupaJava stipulates the standards that should be observed, the goals that should be attained, and the methods that should be sued. Lola is most likely KupaJava’s

Employee

Dizzy is not Edwina’s agent but enters into a contract with Fride on Edwina’s behalf. Edwina later contacts Frida to approve the contract. This is

an agency by ratification

Rita is appointed as an agent for Superior Sales, Inc. The agency agreement is silent as to the level of sales that Rita is expected to Achieve. She must

use reasonable diligence and skill in selling

Elle is an agent for Fine Cosmetics, Inc. Elle owes Fine cosmetics the duty of

performance

Bob, a salesperson at a Carpets Galore Store, tells Dita, a customer, “Buy your carpet here, and I will install it for half of what the store would charge.” Dity buys the carpet, which Bob installs for half the store’s price. Bob keeps the money. Bob has breached

the duty of loyalty

Miklos grants an ordinary power of attorney to Nathalie to handle a list of financial transactions on Miklos’s behalf. This power will terminate on

Miklos's death or ioncapacity.

Without authorization, Rolf contracts on behalf of Sari to have Tige paint the interior and exterior of Sari’s house. Sari ratifies the contract. Later, Sari tries to rescind the part of the contract relating to the exterior. This attempt will be

totally unsuccessful

Loren and Kendra enter into a contract for the distribution of Loren’s produce to local restaurants for which he agrees to pay Kendra. Kendra transfers her right to payment under the contract to County Bank. This transfer is

an assignment

The Civil Rights Act of 1964 does not prohibit job discrimination at all stages of employment.

False

A victim of alleged discrimination must bring a suit against an employer before filing a claim with the Equal Employment Opportunity Commission.

False

To bring an action against an employer based on intentional discrimination, a person must show that he or she is a member of a protected class.

True

To establish a prima facie case of discrimination under Title VII, a plaintiff must show that discriminatory intent motivated an employer’s decision.

False

Disparate-impact discrimination occurs when an employer intentionally discriminates against an employee who is a member of a protected class.

False

Under the Equal Pay Act of 1963, all of the women on an employer’s staff must be paid the same as all of the

False

An employer can be liable for an employee’s sexual harassment of a member of the same gender.

True

Under the Americans with Disabilities Act of 1990, a person with a physical impairment that “substantially limits” everyday activities is disabled.

True

Hu believes that he is a victim of a form of employment discrimination that falls under Title VII of the Civil Rights Act. Compliance with this statute is monitored by

the Equal Employment Opportunities Commission.

Cody believes that Delta Corporation has discriminated against him on the basis of gender. Cody files a suit against Delta under Title VII. To establish a prima facie case of employment discrimination, Cody must show that

Cody is a member of a protected class.

Lew, a member of a protected class, applies for a job with MitE Construction Company, but fails MitE’s employment test and is not hired. Lew believes that the test has an unintentionally discriminatory effect. If so, this is

disparate-impact discrimination

Riki files an employment, gender-based discrimination suit against Superior Corporation under Title VII, on a disparate-impact theory. To succeed, Riki must show that Superior hires fewer women than the percentage of

qualified women in the local labor market.

Olly applies for a job with Petro Company. Petro does not hire Olly because of his ethnicity, or national origin. This is

disparate treatment discrimination

Research Statistics Corporation uses a merit system to pay its employees according to their job performance. Suki, a female, and Troy, a male, are Research employees with comparable jobs. Due to superior performance, Suki is paid more than Troy. This is

not discrimination based on gender.

Eton files a suit in a federal district court against Florida, alleging employment discrimination under the Age Discrimination in Employment Act of 1967. The state asks the court to dismiss the suit. The court is most likely to rule that

the state is immune from the suit