Ch. 36

Question 1

Agent

Agency

Representative

Principal

Answer 1

本人から委任あるいは授権された代理権限の範囲内で、本人に代わって取引、契約など法律行為をなす者

一般に政府機関その他の法人、団体を代理人とするときに多用されます

代理人、代表者、担当者などに使われます。これらからわかるように、この代理人は多くの場合、身内の者が代理人、代表者になるときに使われます。
Representative director (代表取締役)

契約）当事者本人

このように，agentが文字どおり代理人としての機能を持つ場合は，agentが顧客を見つけて顧客が取引をするときには，agentがprincipalであるメーカーに代わり顧客との間で売買契約をすることができるのです。

Question 2

　例えば，代理店は，卸業者，小売店や顧客に商品について販促・営業をする役割のみを担うだけで，顧客に商品を販売するかどうか決めるのはでメーカーであるとされることもあります。
つまり，この場合の代理店には商品販売の代理権はないことになります。
　このような契約形態は，一般的には，Sales Representative Agreementと呼ばれています。日本語では，セールスレップと呼んだり，単にレップと略して呼んだりしています。

Answer 2

T

Question 3

(721) Independent contractor is bounded to produce a certain result. The actual work is controlled by the _________ not the owner.

Answer 3

contractor,

Question 4

General agent handle affairs in connection with ____________ or ______ or to transact __________ at a certain place.

Answer 4

1 a particular type of business
2 trade
3 all business

Question 5

Universal agent do _______ only delegated lawfully to a __________.

Answer 5

1 all acts

2 representative

Question 6

Express authorization is an authorization of an agent to perform a certain act. It may be ___________.

Answer 6

oral or in written

Question 7

Attorney in fact refers to an agent acting under __________.
Power to attorney refers to a _____________.

Answer 7

the power of an attorney.

Written authorization of agency

Question 8

Conduct consistent with the agency relationship is sufficient to show authorization.

Answer 8

T

Question 9

Apparent authority is used when there is only the appearance of authority but no actual authority and that appearance of authority was created by the principal. The test for existence of apparent authority is the OBJECTIVE test determined by principal’s outward manifestations through words or conduct that lead to believe that the “agent” has authority.

Answer 9

T

Question 10

An agent may attempt to do an unauthorized act. Generally the notification is express where the principal explicitly approve the contract or where the principal doesn’t object to the contract and accept the contract’s benefits.

Answer 10

T

Question 11

Ratification is the question of intention

Answer 11

T

Question 12

When there is a question of whether the principal authorized the agent, there is a question of whether

Answer 12

the principal intended to approve the unauthorized agent.

Question 13

(P.724) 3 conditions to ratify the agent

1 The agent must have

2 The principal must have been capable of ____________ both at the time of the act and at the time it was ratified.

3 3 The principal must have ____________ of all material facts.

Answer 13

1 purported to act on behalf of or as agent for the identified principal.
2 authorizin the act
3 full knowledge

Question 14

(P.725) It is not always necessary that the principal has the knowledge.

Answer 14

T

Question 15

(P.725) when the unauthorized act is ratified, the effect is the same as though it is _____________.

Answer 15

an authorized act

Question 16

(P.725) When the principal ratifies the act of the unauthorized person, the ratification ______________ from the liability that would be imposed for having acted without authority.

Answer 16

releases the unauthorized person

Question 17

(P. 725) The burden of proving the existence of an agency relationships rests on

Answer 17

the person who seeks to benefit.

Question 18

Incidental authority is the authority of an agent that is reasonably necessary to execute _________ .

Answer 18

the express authority.

Question 19

(726) Authority of an agent to do any act that, according to the custom of the community, usually accompanies the transaction for which the agent is authorized to act is referred to as _________.

Answer 19

CUSTOMARY AUTHORITY,

当事者本人がつくる代理人の取引が付随する行為に関する権限の体裁

Question 20

(P.726) Apparent authority ___________ created by the principal’s __________.

Answer 20

appearance of authority words or conduct.

Question 21

(P.727) A third person who deals with a person claiming to be an agent ____________ made by the agent concerning the extent of the authority.

If the agent is NOT authorized to do the act, or is not even the agent of the principal, the transaction btw the agent and the third party will have __________ btw the principal and the 3rd party.

Answer 21

cannot rely on the statement

no legal effects

Question 22

(726) The only way that third person can protect themselves is to inquire whether the agent is _____________ in fact, and the agent has ____________.

Answer 22

1 the agent of the principal

2 necessary authority.

Question 23

(P.728) Fed gov place risk on individuals making arrangement with government to ascertain that the government agent is

Answer 23

within the bounds of his or her authority.

Question 24

(P.729) An agent must be faithful or loyal to the principal. An agent must NOT receive secret benefit from the agency.

Answer 24

T

Question 25

(P.729) A principal can sue the profit that the agent secretly obtained.

Answer 25

T

Question 26

(P.729) A principal can make contract void if the agent employed to sell the property purchase the property without __________ to the principal.

Answer 26

the full disclosure

Question 27

(P.729) An agent can't act as agent for both parties to a transaction unless both know of the dual capacity and agree to it. If the agent does act in the capacity without the consent of both parties, any principal who did not know of the agent's double status can avoid the transaction.

Answer 27

T

Question 28

when third person deal with a representative of a government agency, the third person has __________. Third person should recognize that a contract made with such an officer or representative is ________ unless ratified by the principal.

Answer 28

1 the limited authority | 2 not binding

Question 29

If the principal has clothed an agent with authority to perform certain acts / but the principal gives secret instructions that limit the agent's authority, the third person is allowed to __________ at its ________. The third person is not bound by the secret limitations of which the third person has no knowledge.

Answer 29

1 take the authority of the agent | 2 face value

Question 30

Principal can approve transaction and sue the benefit obtained by the agent.

Answer 30

T

Question 31

A contract is voidable by the principal if the agent who was employed to sell the property buy the property without the disclosure to the principal.

Answer 31

T

Question 32

An agent cannot act as agent for both parties to a transaction unless both know of the dual capacity and agree to it. If the agent does act in this capacity without the consent of both parities, any principal who did not know of the agent's double status can avoid the transaction.

Answer 32

T

Question 33

An agent must not accept secret gifts or commissions from third persons in connection with the agency. If the agent does so, the principal may sue the agent for those those gifts or commission. such gifts or commission are condemned since the judgment of the agent may be affected by them.

Answer 33

T

Question 34

It is a violation of the agent's duty or loyalty to make and retain secret profits or to secretly usurp (奪う） the business opportunities of the principal.

Answer 34

T

Question 35

It is not permitted for the agent to aid the competitors of the principal or to disclose to the principal related to business of the principal.

Answer 35

T

Question 36

Agent is responsible to perform the acts specified for the period and the way.

Answer 36

T

Question 37

It is a duty of the agent to act with the care that a reasonable person would exercise under the circumstance.

Answer 37

T

Question 38

An agent must account to the principal for all property or money belonging to the principal that comes into the agent's possession. The agent must give notice of collections made and render an accurate account of all receipts and expenditure.

Answer 38

T

Question 39

It is the duty of the agent to keep the principal __________ relating to the agency that are relevant to protecting the principal's interests.

Answer 39

informed of all facts

Question 40

When the relationship with the principal ends, the duties of the agent __________ necessary to perform prior obligations.

Answer 40

continue only to the extent

Question 41

The principal must ____________ , ____________, ___________ for the proper expenditures and must ___________ for loss under the certain circumstances.

Answer 41

1 perform the contract 2 compensate the agent for the service 3 make reimbursement (返金) 4 indemnify the agent

Question 42

Principal must permit the agent to act as agent for specific term, but except for just cause or contract provisions that permit the principal to terminate the agency sooner.

Answer 42

T

Question 43

In certain industries, third persons make ___________ with the principal. In these cases, the agent who made the original contract with third person commonly receives a certain compensation or percentage of commissions (報酬、手数料) on all subsequent renewal or additional contracts.

Answer 43

REPEATING TRANSACTION

Question 44

An agent is NOT entitled to the compensation in connection with transactions, such as sales or renewals of insurance policies, occurring after the termination of agency even if the ____________ are the result of the agent's former activities. However, if the parties' employment calls for the compensations, it must be paid.

Answer 44

Postagency transactions

Question 45

The duration of agency is usually stated in __________

Answer 45

the contract

Question 46

If the termination of the agency is the violation of the agency contract, the terminating party will be liable for ____________.

Answer 46

the damages to the other.

Question 47

The termination is not effective until the agent _________.

Answer 47

receives the notice.

Question 48

The death of either the principal or the agent ordinarily terminates the authority of an agent automatically even if the death is ______ to the other.

Answer 48

unknown

Question 49

The agency is terminated by the operation of law on the (1) _______ of the principal or agent (2) _______ the principal or agent (3) _______ of the subject matter such as the destruction (4) When the country of the principal is ______ with that of the agent.

Answer 49

(1) Insanity (精神撹乱） (2) Bankruptcy of (3) impossibility of performance (4) at war

Question 50

The UDPAA permits the agency to come into existence upon the disability or incapacity of the principal. For this to be effective, the principal must designate ________ in fact _______.

Answer 50

the attorney in writing. This writing must contain that the attorney conferred shall continue notwithstanding the disability or incapacity of the principal.

Question 51

A durable power of attorney may be terminated by revocation by ______________ and by the _______ of the principal.

Answer 51

a competent principal | death

Question 52

An agency couple with an interest ____________ by the principal before the expiration of the interest.

Answer 52

cannot be revoked

Question 53

The modern world develop methods to protect the agents from the termination of authority. For example, if the principal revokes the agent, the authority to act for the principal _____________ until the agent receive ______________. The termination is effect without ______________.

Answer 53

is not terminated the notice of revocation. the notice to the third person.

Question 54

When the agency is terminated by the act of the principal, ______ should be given to the third person. If the ______ wasn't given, the agent may have the power to make ______ that will bind the _______ and __________.

Answer 54

notice contract principal third persons.

Question 55

When law requires giving the notice in order to end the power of the agent to bind the principal, ___________ must be given or mailed to all persons who had __________ with the agent. In addition, notice to the general public can be given by ________ in a newspaper of ______________ in the affected geographic area statement that the agency has been terminated.

Answer 55

individual notice prior dealings. publishing general circulation

Question 56

If a notice is actually received, the power of the agent ________ without regard to whether the method of giving notice was proper.

Answer 56

is terminated