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. Where an agent has actual authority to make a contract for a disclosed principal, who may enforce it and against whom?

The principal may enforce the agreement against the third party and the third party may likewise enforce it against the principal. correct incorrect

The principal may enforce the agreement against the third party but the third party may not enforce it against the principal. correct incorrect

The principal may enforce the agreement against the agent but the agent may not enforce it against the principal. correct incorrect

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. Where an agent has apparent authority to make a contract for a disclosed principal, who may enforce it and against whom?

The principal may enforce the agreement against the agent but the agent may not enforce it against the principal. correct incorrect

The principal cannot enforce the contract against the third party but the third party may enforce it against the principal. correct incorrect

The principal cannot enforce the contract against the third party unless he ratifies it, but the third party may enforce it against the principal. correct incorrect

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. It might be unfair to allow an undisclosed principal to sue a third party on a contract where the third party was unaware that the agent had contracted on the principal's behalf. What justification was given for this in Keighley, Maxted & Co v Durant [1901] AC 240?

Convenience correct incorrect

Common sense correct incorrect

Culpability correct incorrect

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. Where the agent is acting on behalf of a disclosed principal and the third party settles with the agent, will they be deemed to have settled with the principal?

Yes correct incorrect

Only if the agent had either actual or apparent authority to accept monies on behalf of the principal correct incorrect

No correct incorrect

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. Where the third party settles with an undisclosed agent, will they be deemed to have settled with the principal?

No correct incorrect

Yes correct incorrect

Only if the agent accounts to the principal for the money correct incorrect

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. In the case of a disclosed agency, can the agent sue or be sued on the contract made with the third party?

Yes correct incorrect

No correct incorrect

Not unless the contract itself or the circumstances show that the agent has accepted personal liability correct incorrect

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. Does an agent have the right to be remunerated by the principal?

Yes, provided there is a term in the agency agreement to this effect and the agent acts within his authority (or the principal has ratified an agent's unlawful act). correct incorrect

Yes, provided there is a term in the agency agreement to this effect. correct incorrect

Yes, even in the absence of a term in the agency agreement to this effect. correct incorrect

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. Does an agent have the right to be indemnified by their principal for expenses, losses and liabilities?

Not unless there is an express term to this effect in the agency agreement. correct incorrect

Yes, in respect of those that they reasonably incur whilst executing their duties as agent within the scope of their actual authority. This is the case unless there is an express term in the agency agreement to the contrary. correct incorrect

Yes, in respect of those that they reasonably incur whilst executing their duties as agent within the scope of their actual or apparent authority. This is the case unless there is an express term in the agency agreement to the contrary. correct incorrect

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. Is an agent entitled to retain possession of the principal's property until they have been paid?

Yes, but only in respect of the particular property for which the money is owed and provided the property is in his possession correct incorrect

No correct incorrect

Not without an order of the court correct incorrect

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. Regulation 17 of the Commercial Agents (Council Directive) Regulations 1993 provides that on the termination of a commercial agency agreement the agent is entitled either to compensation or an indemnity. This entitlement may be lost in certain circumstances. Which one of the following does not reflect one of the circumstances where the agent's entitlement will be lost?

Where the principal terminates the agreement where they could have justified immediate termination because of the agent's default. correct incorrect

Where the commercial agent assigns the agreement to another person without the agreement of their principal. correct incorrect

Where the commercial agent terminates the agreement, except where such termination is justified because of the principal's default or where the commercial agent terminated it because owing to their age, infirmity or illness, they could not reasonably have been expected to carry on. correct incorrect

Where the commercial agent assigns the agreement to another person with the agreement of their principal. correct incorrect