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What is one of the main responsibilities of an agent when representing multiple principals?

  • To prioritize the interests of the most profitable principal
  • To act in secrecy to maintain trust with all principals
  • To disclose all potential conflicts of interest (correct)
  • To avoid making any profits from the transactions
  • In the context of agency, which scenario exemplifies a conflict of interest?

  • An agent working only for a well-known brand
  • An agent negotiating a deal while owning shares in one of the companies involved (correct)
  • An agent representing two companies in unrelated markets
  • An agent exclusively promoting one brand over another
  • What can a principal do if they do not want their agent to represent competing interests?

  • Legally restrict the agent's ability to negotiate
  • Include a provision in the contract (correct)
  • Incorporate a confidentiality clause
  • Increase the agent's commission
  • What may complicate an agent's duties when representing multiple principals?

    <p>Differing interests of the principals can lead to conflicting priorities</p> Signup and view all the answers

    Under common law, which statement about an agent’s rights is generally true?

    <p>An agent must always act in the best interests of a single principal</p> Signup and view all the answers

    What is a key characteristic of continuing authority in agency relationships?

    <p>Established through a series of ongoing contracts</p> Signup and view all the answers

    Which of the following individuals is typically excluded from being classified as a commercial agent?

    <p>An unpaid agent facilitating a transaction</p> Signup and view all the answers

    In the context of a commercial agent's duties, how is 'negotiate' broadly understood?

    <p>As having significant input on terms or bringing goodwill to the transaction</p> Signup and view all the answers

    What differentiates primary activities from secondary activities in the context of agency?

    <p>Primary activities are those that are primarily focused on agency roles.</p> Signup and view all the answers

    Which of the following best describes the principal's responsibilities in an agency relationship?

    <p>To provide the agent with all necessary information to perform their duties.</p> Signup and view all the answers

    How does English law differ from Scots law in interpreting an agent's activities?

    <p>Scots law determines classification based on the original understanding at hiring.</p> Signup and view all the answers

    Which of the following does NOT characterize an agent's right under continuing authority?

    <p>The right to act in a manner that conflicts with the principal's best interests.</p> Signup and view all the answers

    What is a common misconception regarding agents acting in secondary capacities?

    <p>They have all the same protections as primary agents.</p> Signup and view all the answers

    What occurs if an agent acts outside their authority and warrants that they have the authority to do so?

    <p>Breach of Warranty of Authority.</p> Signup and view all the answers

    Which of the following accurately describes an agent's authority derived purely from their title?

    <p>Apparent authority.</p> Signup and view all the answers

    Under what circumstances is an agent strictly liable for actions taken without authority?

    <p>Regardless of the agent's belief in their authority.</p> Signup and view all the answers

    What can a third party do if they enter a contract with an agent who exceeded their authority?

    <p>Raise an action for breach of Warranty of Authority against the agent.</p> Signup and view all the answers

    Which of the following is NOT a form of authority an agent can possess?

    <p>Implied personal authority.</p> Signup and view all the answers

    What is one potential outcome if a third party relies on an agent's apparent authority?

    <p>The principal may be liable for the actions of the agent.</p> Signup and view all the answers

    What conditions lead to a breach of warranty of authority concerning an agent?

    <p>Incorrectly representing the extent of actual authority.</p> Signup and view all the answers

    In what situation can a principal ratify a contract made by an agent without authority?

    <p>If the principal benefits from the contract.</p> Signup and view all the answers

    Which of the following best defines apparent authority?

    <p>Authority that can be inferred based on the agent's role.</p> Signup and view all the answers

    What must Stefanos have in order to effectively bind Roland Ltd in a contract with Garros Ltd?

    <p>Authority to act on behalf of Roland Ltd</p> Signup and view all the answers

    Which aspect of business structures primarily affects the liability of owners?

    <p>Separate legal personality</p> Signup and view all the answers

    In a partnership, what is usually the main exposure concerning liability?

    <p>Personal assets of the partners are at risk</p> Signup and view all the answers

    What should be considered when determining if an organizational structure is suitable for a business?

    <p>The owner's willingness to invest personal time</p> Signup and view all the answers

    Which scenario best demonstrates creating a separate legal entity to reduce liability?

    <p>A limited liability company structuring its agreements</p> Signup and view all the answers

    What is a potential risk when considering loans for capital in a business?

    <p>Assets used as loan security can be lost if repayment fails</p> Signup and view all the answers

    What is not a factor in determining how easily a business can be set up?

    <p>The potential market for the business</p> Signup and view all the answers

    Which duty does an agent like Stefanos owe to the principal, Roland Ltd?

    <p>To act within the scope of authority</p> Signup and view all the answers

    Why might a company choose to maintain confidentiality in its operations?

    <p>To secure investor confidence and proprietary information</p> Signup and view all the answers

    Which of the following is a key responsibility of the principal in an agency relationship?

    <p>To provide adequate resources and support to the agent</p> Signup and view all the answers

    Which of the following best describes the difference in agency activities between English and Scottish cases?

    <p>Scottish cases define agency based on the purpose of the arrangement.</p> Signup and view all the answers

    What does Paragraph 2 indicate about the classification of an agent's activities?

    <p>The agent's action can be classified as primary if they negotiate deal terms.</p> Signup and view all the answers

    How do the factors in Paragraph 3 distinguish primary activities?

    <p>Involvement in terms of manufacturing or direct negotiations indicates primary status.</p> Signup and view all the answers

    Which scenario indicates that an agent's activities are likely to be classified as secondary?

    <p>When the principal communicates directly with customers for orders.</p> Signup and view all the answers

    What is one of the absolute exclusions mentioned in relation to agency activities?

    <p>Catalogue agents undertaking sales through listings.</p> Signup and view all the answers

    Which statement reflects the discretion granted to Member States regarding agency definitions?

    <p>Member States have complete discretion on what constitutes 'secondary' activities.</p> Signup and view all the answers

    What is an example of an implied agency relationship?

    <p>A principal indicates trust in an agent without formal agreement.</p> Signup and view all the answers

    Which is NOT a recognized way to form agency relationships?

    <p>Contingent conditions.</p> Signup and view all the answers

    What principle might govern the agent's rights in the negotiation process?

    <p>Agents can only act within the authority granted by the principal.</p> Signup and view all the answers

    Which of the following represents a key difference from common law regarding agency?

    <p>Scottish courts favor a purpose-driven analysis of agency activities.</p> Signup and view all the answers

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