Ch 37

Question 1

The liability of the agent to a third person depends on 1 ___________ and the manner of 2 __________

Answer 1

1 the existence of authority

2 executing the contract.

Question 2

If an agent makes a contract with a third person on behalf of a disclosed principal and has proper authority to do so, and if the contract is executed properly, ___________ on the contract

Answer 2

the agent has no personal liability.

Question 3

“Authorized” includes action that was 1 _____________

Once there is ratification, the original action of the agent 2 ____________

Answer 3

1 subsequently ratified by the principal.

2 is no longer unauthorized.

Question 4

If the agent’s act causes the loss to the third person, the third person _______________.

Answer 4

hold the agent liable for the loss.

Question 5

When the agent makes known the identity of the principal and the fact that the agent is acting on behalf of the principal, the principal is called

Answer 5

disclosed principal

Question 6

The third person dealing with an agent of a disclosed principal ordinarily intends to make a contract with

Answer 6

the principal, NOT the agent.

Question 7

When the agent makes known the existence of a principal but not the principal’s identity, the principal is a

Answer 7

partially disclosed principal.

Question 8

When the third person is not told or does not know that the agent is acting as an agent for anyone else, the unknown principal is called

Answer 8

an undisclosed principal. In this case, the third person is making the contract, and the agent is the party to that contract.　
http://pandanyuscpa.blog.fc2.com/blog-entry-336.html

Question 9

The situation that agent make themselves liable on the contract with the third person occurs when the agent is a well-established local brokerage house or other agency and when the principal is ___________, and when ________.

Answer 9

1 located out of town

2 is not known locally.

Question 10

(P745) to avoid any question of interpretation, an agent should execute the instrument by signing the ______ and either ______ or ______ and the agent’s name.

Answer 10

1 principal’s name
2 by
3 per.

Question 11

If the instrument is ambiguous as to whether the agent has signed in a representative or an individual capacity, _________ is admissible as between the original parties to the transaction for _________ in which the agent was acting.

Answer 11

1 parol evidence (口頭証拠排除原則)

2 establishing the character

Question 12

If an agent commits a crime, the agent is liable without regard to the fact of acting as an agent.

Answer 12

T

Question 13

(P746) Agents are liable for harm caused to third person s by the agents’ fraudulent, international, or negligence acts. The fact that persons were acting as agents at the time or that they acted in good faith (誠実、誠意) under the directions of a principal does not ___________ if their conduct would impose liability on them when acting for themselves.

Answer 13

relieve them of liability

Question 14

(p746) The principal is liable to the third person for ____________ and, ______________.

Answer 14

1 the properly authorized

2 the executed contracts.

Question 15

When either the principal or the third person sue the other for the contract they are in, the agent is ______________ of the contract,
______________ for the performance,
cannot sue ____________.

Answer 15

not the party
is not liable
its breach.

Question 16

(p746) The liability of a disclosed principal to a third person is not discharged by the fact that the principal gives the agent money with which to pay the third person

Answer 16

T

Question 17

An undisclosed principal is liable for a simple contract made by an unauthorized agent.

Answer 17

T

Question 18

Although the third person initially contracted with the agent alone, the third person, on learning of the existence of the undisclosed principal, may sue the principal.

Answer 18

T

Question 19

In most jurisdiction, third person can _______ and _______ from the principal or agent until the judge is ____________.

Answer 19

1 sue
2 collect judgments
3 fully satisfied

Question 20

When the third person made payment to the agent, the payment is deem made to the _______.

Answer 20

Principal

Question 21

Even if the agent never remits or deliver the payment to the principal, the principal must ______________ so long as the third person made the payment in ________.

Answer 21

1 give full credit to the third person

2 good faith

Question 22

(p748) Because apparent authority has the same effect as actual authority, a payment made to a person with apparent authority to receive the payment is deemed ________________ When a debtor make a payment to a person who is not apparent or actual agent of the creditor, such a payment does ___________ until the debtor pay money to the creditor in fact.

Answer 22

1 a payment to the apparent principal.

2 not discharge a debt

Question 23

(p748) The principal is bound by a statement made by an agent while transacting a business within the scope of the authority. This means that the principal cannot later ______________ of the agent and show that it is not true. The statement should be made at the time the performance is ______________.

Answer 23

contradict to the statement

acted or shortly thereafter.

Question 24

The rule that the knowledge is imputed(帰する) is extended in some cases to __________. The notice must be

Answer 24

knowledge prior to creation of the agency relationship.
Reliable.

代理人との関係始まる前から適用されることもある。

Question 25

The principal is not charged with the notice when the agent hears only

Answer 25

rumors.

Question 26

The principal is not charged with the knowledge of an agent when

Answer 26

the agent is acting adversely to the principal's interest the third party acts in collusion with the agent for the purpose of cheating the principal.

Question 27

(p750) Historically, the act for which liability would be imposed under the doctrine of respondent superior was _________ committed within the scope of ________.

Answer 27

a negligent act, employment.

Question 28

(p750) Under the common law, a master was not liable for an intentional tort committed by a servant. The modern law holds that an employer is liable for _______ committed by an employee for the purpose of ________.

Answer 28

an intentional tort, furthering the employer's business.

Question 29

(p750) Modern decision hold the employer liable for fraudulent acts or misrepresentation.

Answer 29

T For example, when an agent makes fraudulent statements in selling stock, the principal is liable for the buyer's loss.

Question 30

The employer may be liable because of the ______________ of government regulation.

Answer 30

employee's violation

Question 31

(p750) The employer may be liable because of the employee's violation of a government regulation. It is common in business area. In such case,

Answer 31

the employer may be held liable for a penalty imposed by the government.

Question 32

(p750 )If an employee was not acting within the scope of the employment, there is ____________

Answer 32

no vicarious liability (使用者責任).

Question 33

(p751) FTCA (Federal Tort Claims) declares that the United States shall e liable vicariously whenever a federal employee driving a motor vehicle in the course of employment causes harm under such circumstances that a private employer would be liable.

Answer 33

T

Question 34

Contrary to the general role, the statute exempts the employee driver from liability.

Answer 34

T

Question 35

(p752) The negligent hiring theory is based on the

Answer 35

negligence of the employer in the hiring process. (雇用主を雇う段階に基づく）)

Question 36

(p752) Under the respondent superior rule, the employer is liable only for __________________________ or in the ____________________.

Answer 36

those torts committed within the scope of employment | furtherance of the employer's interest.

Question 37

(p752) The negligent hiring theory has been used to impose liability in case when ______________________ almost invariably outside the scope of employment against a customer or the general public, and the employer should know ________________

Answer 37

an employee commits an international tort the employee was violent

Question 38

(p752) Employers might protect themselves from liability in a negligent hiring case by __________________ and then _______________.

Answer 38

>having each prospective employee fill out an employment application form >checking into the applicant's work experience, background, character, qualification.

Question 39

(p752) The hiring of an individual with a criminal record does not by itself

Answer 39

establish the tort of negligent thiring.