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. Where an agent effects a contract on behalf of a disclosed principal, then, generally, the agent cannot sue the third party, nor vice versa.

True correct incorrect

False correct incorrect

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. Which of the following statements are correct? Please select all that apply.

Where the agent of a disclosed principal acts without authority, then the third party cannot sue the principal, unless the principal ratifies the agent's actions. correct incorrect

Where the agent has apparent authority only, then the principal will be liable to the third party. correct incorrect

Where the agent acts outside the scope of his actual authority, then he will be liable to the third party for breach of warranty of authority, unless the principal ratifies the agent's actions. correct incorrect

Where the agent has apparent authority only, then the principal can enforce the contract against the third party. correct incorrect

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. Which one of the following statements is not true?

An agent who executes a deed in his own name will not be a party to that deed if he indicates that he is acting on behalf of another. correct incorrect

The courts will not presume that an agent is not party to a contract simply because he is described as an agent or some other similar description. correct incorrect

An agent who signs the contract in his own name without any qualification will be a party to the contract, unless other portions of the contract indicate a contrary intention. correct incorrect

Where the agent signs a contract and indicates that he is acting as agent, or on behalf of another, then it will be presumed that he is not party to the contract. correct incorrect

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. Where the third party has the option of suing the principal or agent, then, if he obtains judgment against one party, he cannot obtain judgment against other. This principal is based on the doctrine of _______.

Your response

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. A person who professes to act as agent, but is in fact acting on his own behalf, will be liable on a contract entered into with a third party.

True correct incorrect

False correct incorrect

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. What principle did the court establish in Rayner v Grote (1846) 15 M&W 359?

An agent who purports to act on behalf of another person must disclose the identity of that other person in order for a binding contract to arise between that third party and the principal. correct incorrect

An agent who falsely claims to be acting on behalf of another can enforce that contract against the third party if the third party continues with the contract after becoming aware of the true situation. correct incorrect

An agent who acts for a principal that does not exist will be personally liable to the third party. correct incorrect

An agent who falsely claims to be acting on behalf of another will be permitted to enforce the contract against the third party if the identity of the principal is not of importance. correct incorrect

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. What does s 51(1) of the Companies Act 2006 state?

A person who enters into a contract on behalf of a company that does not yet exist will be personally liable on that contract. correct incorrect

An agent who acts for a principal that is a company must be appointed in writing. correct incorrect

A principal that is a company can only ratify the acts of an agent once that company has been fully incorporated. correct incorrect

A subsidiary company is deemed to act as agent for its parent. correct incorrect

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. Where an agent acts on behalf of a foreign principal, then the agent cannot establish privity of contract between the principal and a domestic third party.

True correct incorrect

False correct incorrect

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. What is a warranty of authority?

A collateral contract that exists between the principal and third party, under which the principal warrants that his agent is acting within his authority. correct incorrect

A collateral contract that exists between the principal and agent, under which the agent warrants that he will not act outside the scope of his actual authority. correct incorrect

A collateral contract that exists between the agent and third party, under which the agent warrants that he has a certain level of authority. correct incorrect

A collateral contract that exists between the principal and agent, under which the principal warrants that he has the capacity to engage the agent. correct incorrect

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. Which of the following statements are true? Please select all that apply.

If an agent repeats a representation made by his principal, and the principal knows the representation to be untrue, but the agent does not, then either the principal or agent can be liable under the tort of deceit. correct incorrect

Where an agent commits a tort, the third party will often be able to commence proceedings against the agent or principal. correct incorrect

In order for an agent to be liable under s 2(1) of the Misrepresentation Act 1967, he will need to be a party to the contract between the principal and third party. correct incorrect

An agent will only be liable to a third party for negligent misstatement if he owed that third party a duty of care. correct incorrect

An agent can be liable under the tort of conversion if he obtains goods from the principal, even if the agent does not realise that the principal was not the owner of the goods nor had a right to possession of them. correct incorrect

An agent who passes on a defamatory statement made by his principal will, along with the principal, be liable to the defamed person. correct incorrect