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Contract, Employment and Agency Law Flashcards | StudBud
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Contract, Employment and Agency Law
Contract, Employment and Agency Law
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1
What duty of an agent involves acting within the scope of their authority granted by the principal?
duty of loyalty
Duty of care
Duty of obedience
Duty of disclosure
2
The term for the legal principle that allows a court to disregard a contract clause that is deemed unfair or oppressive?
Conformity
Unconscionability
Noncompliance
Acceptance
3
In an at-will employment arrangement, which of the following statements is true?
An employee can terminate their employment without notice.
An employer must provide a warning before terminating an employee.
An employer can terminate an employee at any time for any reason.
An employee can only be terminated for performance-related issues.
4
What is the main purpose of the National Labor Relations Act (NLRA)?
To protect the rights of employees to encourage collective bargaining
To ban employers from hiring temporary workers.
To regulate the minimum wage in the United States.
To require employers to provide paid parental leave to all employees.
5
What is an offer in contract law?
A document outlining the terms of a contract
A proposal to enter into a contract
A legally binding agreement
A promise to fulfill a contract
6
What is the main purpose of the Occupational Safety and Health Act (OSHA)?
To ensure safe and healthful working conditions for employees
To ban employers from terminating employees for any reason.
To regulate the maximum number of hours an employee can work per week.
To require employers to provide paid sick leave to all employees.
7
You can collect unemployment compensation if you quit your job.
False
True
8
In an agency relationship, what duty does a principal have to their agent regarding compensation?
Duty to criticize the agent's performance publicly
Duty to withhold compensation as a form of control
Duty to assign tasks without compensation
Duty to pay the agent for services rendered
9
What term refers to a legal agreement between two or more parties that creates obligations that are enforceable by law?
Friendship
Mediation
Handshake
Contract
10
What is a sub agent in agency law?
An agent appointed by another agent to help perform agent duties
A legal document that terminates an agency relationship
A type of contract used in agency agreements
An agency relationship between two equal parties
11
Where do unemployment compensation benefits primarily come from?
State lottery funds
Federal income taxes
Employer payroll taxes
Workers' salary deductions
12
Which type of agent has the authority to act on behalf of the principal in specific matters?
General Agent
special Agent
Agency coupled with interest
subagent
13
Agency Law, what duty requires the agent to avoid conflicts of interest between their interests and the principals?
Duty of loyalty
Duty of care
Duty of obedience
Duty of disclosure
14
In contract law, what does consideration refer to?
A court ruling
A verbal promise
A legal document
Something of value exchanged between parties
15
What is the main purpose of the Equal Pay Act?
To regulate the maximum number of hours an employee can work per day.
To require employers to provide paid maternity leave to female employees.
To establish a minimum wage for all employees.
prohibit pay discriminationbased on gender for equal skill, responsibility
16
What is the purpose of the workers compensation system?
provide benefits to employees who are injured or become ill on the job
To increase profits for employers
To discourage employees from reporting workplace injuries
To shift the financial burden onto the employees
17
Which federal agency enforces the Fair Labor Standards Act (FLSA)?
The National Labor Relations Board
The U.S. Department of Labor
OSHA
The U.S. Equal Employment Opportunity Commission
18
What distinguishes implied agency from express agency? (select all that apply)
Implied agency is inferred from the circumstances or custom of the trade,
express agency is based on written agreements.
Implied agency is based on verbal agreements,
Implied agency requires a written contract, while express agency does not.
19
What type of agreement in an employment contract is inferred based on the conduct of the parties involved?
Implied agreement
Explicit agreement
Inferred agreement
Express agreement
20
Who typically represents employees in collective bargaining negotiations?
Government agencies
Human resources department
Company executives
Labor unions
21
Which of the following is true about the relationship between a principal and an agent in agency law?
The agent is not required to follow the principal's instructions
The principal gives the agent authority to act on their behalf
The principal is not responsible for the agent's actions
The agent owns the principal's business
22
What is a characteristic of an agency coupled with interest?
The agent can act on behalf of multiple principals simultaneously
The agency can be terminated by the principal at any time
The agent is not personally invested in the outcome of the agency
The agent's interest is directly tied to the subject matter of the agency
23
What term refers to where one party in a contract is misled or deceived by the other party's actions or statements?
Negligence
Performance
Contract
Fraud
24
An idividual can receive unemployment compensation indefinitely, as long as they are jobless.
False
True
25
Which of the following is a requirement for a valid contract?
Offer, acceptance consideration
Geographical location
Physical fitness
Favorite color
26
Which of the following contracts must be in writing to be legally enforceable?
A loan for money over $500
Real Estate Sale
Borrow lunch money from a friend
Duty taking over a year to complete
27
Which of the following are requirements for a valid contract?
Consideration
counter offer
Offer and Acceptance
Capacity
28
In what way can an Agency be terminated by fulfillment of purpose?
When the Agency has accomplished the specific task for which it was created
When the court orders the termination
When the Agency reaches its expiry date
When one party decides to end the Agency
29
What federal law prohibits employment discrimination based on race, color, religion, sex, or national origin?
Americans with Disabilities Act
Equal Pay Act
Age Discrimination in Employment Act
The civil rights act of 1964
30
In contract law, what is the term for a situation where one party fails to fulfill their obligations under the contract?
Breach
Satisfaction
Fulfillment
Completion
31
In workers compensation, which of the following factors are considered when determining benefits?
The employee's impairment rating
The employee's average weekly wage
The severity of the injury
The size of the employee's social media following
32
Which federal law prohibits discrimination based on their actual or perceived sexual orientation or gender identity?
Employee Polygraph Protection Act
Worker Adjustment and Retraining Notification Act (WARN)
Title VII of the Civil Rights Act of 1964
Whistleblower Protection Act
33
Which federal agency enforces laws prohibiting workplace discrimination based on protected classes?
Central Intelligence Agency
US District court of Appeals
Equal Employment Opportunity Commission
Federal Bureau of Investigation
34
What is a key disadvantage of oral contracts compared to written contracts?
Higher level of trust between parties
Saves time in the negotiation process
Difficulty in proving the terms of the agreement
Less flexibility in terms
35
Employers typically pays for workers compenstaion insurance
True
False
36
Which of the following best defines the principle of indemnification in Agency Law duties?
for agent to repay the principal for losses incurred while fulfilling duty
A duty of the agent to act solely in the best interests of the principal
A duty of the principal to disclose all relevant information to the agent
to compensate agent for losses while acting on behalf of principal
37
The purpose of FMLA is to provide job protected leave for certain family members and medical reasons
False
True
38
Which of the following could be a common defense against enforcing an oral contract in court? (select all the apply)
Lack of consideration
Duress or undue influence
Lack of capacity to contract
Written confirmation of the oral agreement
39
Defense in contract law allows a party to avoid their obligations if they were not mentally capable
Fraud
Consideration
Lack of Capacity
Illegality
40
What are duty's of a Principal in agency law?
Indemnify agent for losses suffered while acting within scope authorized
Providing legal advice to the agent
Reimbursing the agent for expenses incurred on behalf of the principal
Paying the agent for their services
41
What is the age at which a person is protected from age discrimination under the Age Discrimination in Employment Act?
40
60
50
30
42
What is the primary purpose of collective bargaining?
To reduce employee benefits
To negotiate terms and conditions of employment with an employer
To eliminate competition in the industry
To Increase company profits
43
Defense in contract law involves contract that is illegal action or violates public policy, rendering it unenforceable
Mitigation
Illegality
Capacity
Duress
44
Defense involves one party claiming they were forced to enter into the contract pressure or Coercion?
Unconscionablity
Duress
Capacity
Mistake
45
What is an independent contractor?
An employee of the business
Person provides services to a business under terms specified in a contract
A volunteer for the business
A shareholder of the business
46
In an employment contract, which type of agreement is directly stated by the parties involved?
Express agreement
Implied agreement
Inferred agreement
Implicit agreement
