Termination Of Agency Explained

Summary

An agency relationship can be terminated due to loss of capacity of the principal, termination by the principal, or termination by the agent. This applies under general agency law, including in Ohio. The battle of the forms refers to conflicting terms in buyer and seller documents. Assault involves placing someone in imminent fear of harm. A shipment contract requires the seller to use a carrier for delivery. Employment discrimination can occur in hiring, treatment, and disciplinary actions. A quantity term is needed for a sale of goods contract. Under the perfect tender rule, sellers can cure nonconforming goods if time allows. Negligence is a failure to act with due care. An agents authority is limited to the principals legal capacity. A merchants firm offer is a written promise to keep an offer open. Title VII prohibits employment discrimination based on race, color, national origin, gender, pregnancy, or religion.

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The correct answer is D. All of the Above. An agency can be terminated due to:
- Loss of capacity of the principal
- Termination by the principal
- Termination by the agent
This applies under general agency law, including in Ohio.
The dilemma whereby a buyer's purchase order and a seller's acknowledgment form contain different terms decribing the specifics of a transaction is known as _____. A. the statute of frauds B. the battle of the forms C. a material change D. merchant's firm offer
The situation where a buyer's purchase order and a seller's acknowledgment form have conflicting terms is referred to as B. the battle of the forms. This term is generally used in contract law, including in Ohio.
Placing a person in reasonable apprehension of imminent bodily harm is the intentional tort of _____. A. assault B. battery C. conversion D. false imprisonment
The intentional tort that involves placing a person in reasonable apprehension of imminent bodily harm is A. Assault. This is applicable under the general principles of tort law, including in Ohio.
A _____ requires the seller to use a carrier to deliver goods to the buyer. A. destination contract B. shipment contract C. firm offer D. A and B
The correct answer is B. Shipment Contract. This type of contract requires the seller to send the goods to the buyer via a carrier but doesn't require the seller to ensure the goods arrive at a specific destination. This applies under the Uniform Commercial Code, including in Ohio.
Employment discrimination may involve which of the following? A. The hiring process. B. The treatment of employees in terms of promotions and demotions, work schedules, working conditions, and assignments. C. Disciplinary action such as reprimands, suspension, or termination. D. All of the Above
The correct answer is D. All of the Above. Employment discrimination can involve:
- The hiring process
- Treatment of employees (promotions, demotions, schedules, conditions, assignments)
- Disciplinary action (reprimands, suspension, termination)
This is under the Ohio and federal employment discrimination laws.
For an offer to create a contract for the sale of goods, a _____ is required generally. A. quantity term B. price term C. implied term D. delivery term
The correct answer is A. Quantity Term. To form a contract for the sale of goods, a quantity term is generally required, as per the Uniform Commercial Code, which is applicable in Ohio.
If the seller has delivered goods and the buyer rejects them under the perfect tender rule, the seller _____. A. may reject the goods within a reasonable time B. may accept the goods as-is C. has a reasonable time to cure as long as the time for performance has not expired D. may sue for breach
The correct answer is C. Under the perfect tender rule, if the seller has delivered goods and the buyer rejects them, the seller has a reasonable time to cure as long as the time for performance has not expired. This is according to the Uniform Commercial Code and is applicable in Ohio.
Perfect tender requires that the seller _____. A. buyer must accept nonconforming goods B. seller may tender nonconforming goods C. seller must tender conforming goods D. buyer must tender conforming goods
The correct answer is C. Perfect tender requires that the seller must tender conforming goods. This principle is upheld under the Uniform Commercial Code, which also applies in Ohio.
If a buyer rejects nonconforming provided by a seller, the seller may _____. A. cure by providing conforming goods within a reasonable amount of time B. cure by terminating the sales contract C. nothing as the sales contract is breached D. None of the Above
The correct answer is A. If a buyer rejects nonconforming goods provided by a seller, the seller may cure by providing conforming goods within a reasonable amount of time. This is in accordance with the Uniform Commercial Code, applicable in Ohio.
_____ is a tort claim asserted for a person's failure to act with due care. A. Negligence B. Strict liability C. Defamation D. None of the above
The correct answer is A. Negligence. This tort claim is asserted when a person fails to act with due care, causing harm to another. This principle is acknowledged under general tort law, which applies in Ohio as well.
The scope of an agent's authority may include _____. A. anything the principal is legally entitled to do B. anything the principal is legally entitled to do so long as the principal has capacity C. torts authorized on behalf of a principal D. criminal conduct authorized on behalf of a principal
The scope of an agent's authority can include B. Anything the principal is legally entitled to do so long as the principal has capacity. However, the agent cannot engage in activities that the principal themselves couldn't perform legally, like authorizing torts or criminal conduct. This applies under general agency law, including in Ohio.
A _____ is created when a merchant offers to buy or sell goods with an explicit promise, in writing, that the offer will be held open for a specific time. A. merchant's firm offer B. offer C. contract D. acknowledgment
The correct answer is A. Merchant's Firm Offer. Such an offer is created when a merchant promises in writing to keep an offer open for a specific time. This is under the Uniform Commercial Code, which is also applicable in Ohio.
The _____ prohibits discrimination on the basis of an employee’s race, color, national origin, gender, pregenancy, or religion. A. Title VII of the Civil Rights Act of * B. ADEA C. ADA D. Title IX of the Education Amendments Act
The correct answer is A. Title VII of the Civil Rights Act of *. This federal law prohibits employment discrimination based on race, color, national origin, gender, pregnancy, or religion. This law applies across the United States, including in Ohio.
A buyer completes performance of a sales contract upon _____. A. delivery of conforming goods B. payment for conforming goods C. acceptance of conforming goods D. rejection of conforming goods
The correct answer is C. Acceptance of conforming goods. A buyer completes performance of a sales contract when they accept the goods that align with the contract's terms. This is under the Uniform Commercial Code, which also applies in Ohio.