Agency and Discrimination Sample Questions

Flashcards covering key concepts from the sample questions on agency and discrimination.

Agent

Authorized to act on behalf of a principal in doing business with third parties.

Independent Contractor

An agent whose performance is not controlled by an employer.

Agency Relationship

Can be formed without consideration.

Principal Liability

A principal is liable to a third party for any contract made by the agent acting outside the scope of his or her authority.

Ozzy's Role

As an officer of Prudent Financial Corporation, Ozzy serves in a representative capacity as an agent with authority to bind the company to contracts.

Employee vs. Independent Contractor

Lola, managing a KupaJava coffee stand with stipulated standards and goals, is most likely KupaJava's employee.

Agency by Ratification

Edwina approving a contract Dizzy entered into on her behalf creates an agency by ratification.

Agent's Duty of Diligence

Rita, as an agent for Superior Sales, Inc., must use reasonable diligence and skill in selling, even if the agreement is silent on sales level.

Agent's Duty to Principal

Elle, as an agent for Fine Cosmetics, Inc., owes Fine Cosmetics the duty of performance.

Agent's Duty of Loyalty

Bob, installing carpet for a customer for personal gain, breaches the duty of loyalty to Carpets Galore.

Power of Attorney Termination

Miklos granting Nathalie an ordinary power of attorney, will terminate on Miklos's death or incapacity.

Contract Ratification

Sari ratifying a contract for painting her house and then trying to rescind part of it will be totally unsuccessful.

Contract Transfer

Kendra transferring her right to payment under a contract to County Bank is an assignment.

Civil Rights Act of 1964 Scope

The Civil Rights Act of 1964 prohibits job discrimination at all stages of employment.

EEOC Claim

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

Intentional Discrimination

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.

Prima Facie Case

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

Disparate-Impact Discrimination

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

Equal Pay Act of 1963

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 men.

Sexual Harassment

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

Americans with Disabilities Act

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

Title VII Compliance Monitor

Compliance with Title VII of the Civil Rights Act is monitored by the Equal Employment Opportunities Commission.

Prima Facie Case Elements

To establish a prima facie case of employment discrimination under Title VII, Cody must show that he is a member of a protected class.

Disparate-Impact Discrimination

Lew believing an employment test has an unintentionally discriminatory effect implies disparate-impact discrimination.

Gender-Based Discrimination

To succeed in a gender-based discrimination suit under Title VII on a disparate-impact theory, Riki must show that Superior hires fewer women than the percentage of qualified women in the local labor market.

Disparate-Treatment Discrimination

Petro Company not hiring Olly because of his ethnicity, or national origin, is disparate-treatment discrimination.

Merit System

Suki being paid more than Troy due to superior performance under a merit system is not discrimination.

State Immunity

A federal court is most likely to rule that the state is immune from an employment discrimination suit under the Age Discrimination in Employment Act of 1967.