In certain situations, the agent is the only party liable for the contract even when the agent acts within his or her authority on behalf of an undisclosed principal. Identify these situations. (Check all that apply.)Multiple select question.The contract expressly excludes the principal from the contract.The third party enters into a contract with the agent such that the agent's performance is required and the third party may reject the performance of the principal.The agent enters into a contract that is a nonnegotiable instrument. The principal or agent knows a third party would enter into a contract with the principal if the principal's identity were disclosed but the agent does not disclose the identity anyway.
Question
In certain situations, the agent is the only party liable for the contract even when the agent acts within his or her authority on behalf of an undisclosed principal. Identify these situations. (Check all that apply.)Multiple select question.The contract expressly excludes the principal from the contract.The third party enters into a contract with the agent such that the agent's performance is required and the third party may reject the performance of the principal.The agent enters into a contract that is a nonnegotiable instrument. The principal or agent knows a third party would enter into a contract with the principal if the principal's identity were disclosed but the agent does not disclose the identity anyway.
Solution
The situations in which the agent is the only party liable for the contract even when the agent acts within his or her authority on behalf of an undisclosed principal are:
- The contract expressly excludes the principal from the contract.
- The third party enters into a contract with the agent such that the agent's performance is required and the third party may reject the performance of the principal.
- The agent enters into a contract that is a nonnegotiable instrument.
Similar Questions
An agent who acts within the scope of his or her authority on behalf of a disclosed principal is: Blank______.Multiple choice question.personally liable for contractual nonperformancepersonally liable because he or she is a party to the transactionnot liable, but only if the contract expressly excludes the agent from contractual liabilitynot liable for the acts of the principal
With an undisclosed principal, who is liable to a third party?Multiple choice question.Neither the principal nor the agentThe principalThe incidental beneficiaryThe agent
What type of principal is known by the third party when an agreement is made with an agent?Multiple choice question.An attorney-in-factAn apparent principalA ratified principalA disclosed principal
An agent who exceeds his or her authority when the principal is disclosed or partially disclosed is liable for: Blank______. Multiple choice question.obstruction of justicebreach of implied warrantycriminal wrongdoingbreach of express warranty
An agency by ratification is made when a third party reasonably believes that the "agent" is acting on behalf of the principal and that the principal accepts the acts of the agent. Additionally, the principal must know all the material facts regarding the contract and the principal must: Blank______.Multiple choice question.announce to the third party that the agency relationship existsratify at least part of the agent's actratify the entirety of the agent's actbe present when the terms of the contract are formalized in writing
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