Question
31. If the Agent exceeds authority or acting outside authority and the existence of the Principal is not disclosed, the principal cannot ratify the contract.
31. If the Agent exceeds authority or acting outside authority and the existence of the Principal is not disclosed, the principal cannot ratify the contract.
a. Nonetheless, the principal still has right and liability under the contract.
b. Nonetheless, the principal still has right but no liability under the contract.
c. The principal has no right and liability under the contract.
d. The principal has no right but still liable under the contract.
32. An Agent, acting for undisclosed Principal and exceed his authority which cannot be ratify by the principal:-
a. may not sue on the contract if there is a breach because he can treat it as his own name for thecontract.
b. may sue on the contract if there is a breach because he cannot treat it as his own name for thecontract.
c. may sue on the contract if there is a breach because he can treat it as his own name for the contract.
d. may sue on the contract if there is a breach because he can treat it as his principal name for the contract.
33.A "sub-agent" is:-
a. a person not employed by, and acting under the control of, the original agent in the business of agency.
b. a person employed by, and not acting under the control of, the original agent in the business of agency.
c. a person employed by, and acting not under the control of, the original agent in the business of agency.
d. a person employed by, and acting under the control of, the original agent in the business of the agency.
34. An agent cannot lawfully employ another to perform acts which he has expressly or impliedly undertaken to perform:-
a. together
b. seperately
c. lawfully
d. personally
35. An agent cannot lawfully employ another to perform acts which he has expressly or impliedly undertaken to perform:-
a. together, unless by the ordinary custom of trade a sub-agent may, or, from the nature of the agency, a sub-agent must, be employed.
b. seperately, unless by the ordinary custom of trade a sub-agent may, or, from the nature of the agency, a sub-agent must, be employed.
c. lawfully, unless by the ordinary custom of trade a sub-agent may, or, from the nature of the agency, a sub-agent must, be employed.
d. personally, unless by the ordinary custom of trade a sub-agent may, or, from the nature of the agency, a sub-agent must, be employed.
36. Where a sub-agent is properly appointed, the principal is, so far as regards third persons,
a. represented by the sub-agent, and is bound by and responsible for his acts, as if he were an agent originally appointed by the principal.
b. represented by the sub-agent, and is bound by and responsible for his acts, as if he were an agent originally appointed by the principal.
c. represented by the sub-agent, and is bound by and responsible for his acts, as if he were an agent originally appointed by the principal.
d.represented by the sub-agent, and is bound by and responsible for his acts, as if he were an agent originally appointed by the principal.
37. Ali employs Bob as a bricklayer in building a house. Ali puts up all the scaffolding around the construction area himself.The scaffolding is unskillfully put up and part of collapsed to the ground and injuring Bob in the process.In this case:-
a.The principal must not make compensation to his agent in respect of injury caused to the agent by the principal's neglect or want of skill.
b.The principal must make compensation to his agent in respect of injury caused to the agent by the principal's neglect or want of skill.
c.The principal must make compensation to his agent in respect of injury caused to the agent by the principal's not neglect or want of skill.
d.The principal must make compensation to his agent in respect of injury not caused to the agent by the principal's neglect or want of skill.
38.Ali employs Bob to beat Charles, and agrees to indemnify Bob against all consequences of the act.Bob relying on Ali's promise beats C, and consequently has to pay damages to Charles for his injury. The principle of law is:
a.Where one person employs another to do act which is criminal, the employer is liable to the agent, either upon an express or an implied promise, to indemnify him against the consequences of that act.
b.Where one person employs another to do act which is criminal, the employer is not liable to the agent, either upon an express or an implied promise, to indemnify him against the consequences of that act.
c.Where one person employs another to do act which is criminal, the employer is liable to the agent, either upon an express or an implied promise, to indemnify him against the consequences of that unlawful act.
d.Where one person employs another to do act which is criminal, the employer is not liable to the agent, either upon an express or an implied promise, to indemnify him and the principal against the consequences of that act.
39. Bob, at Kelang, under instructions from Ali, of Taiping, contracts with Charles to deliver certain goods to him.Ali does not send the goods to Bob, and Charles sues Bob for breach of contract.Bob informs Ali of the suit, and Ali authorizes him to defend the suit. Bob defends the suite, and is compelled to pay damages, costs and expenses. What is the position of Ali under the law:
a. The employer of an agent is not bound to indemnify him against the consequence of all lawful acts done by the agent in exercise of the authority conferred upon him.
b. The employer of an agent is bound to indemnify him against the consequence of all lawful acts done by the agent in exercise of the authority conferred upon him.
c. The employer of an agent is bound to indemnify him against the consequence of all unlawful acts done by the agent in exercise of the authority conferred upon him.
d. The employer of an agent is bound to indemnify him against the consequence of all lawful acts done by the principal in exercise of the authority conferred upon him.
40. The followings are the principal's duty towards the agent:-
i.to indemnify the agent against consequences of lawful acts
ii. to indemnify the agent against consequences of acts done in good faith
iii. to pay compensation to agent for injury caused by principal's neglect
iv. No liability of employer of agent to do criminal act
a.i, ii and iii
b.ii, iii and iv
c.i, ii, iii and iv
d.iii and iv
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