Chapter I

Page 201.

1. State what a true agency is.

2. What is an ostensible agency?

3. State the two maxims on which the cardinal principles of the law of agency is based.

Page 202.

1. What is the meaning and force of these maxims?

2. Who is the principal?

3. Who is the agent?

4. Who is the sub-agent?

Page 203.

1. What is meant by the power or authority of the agent?

2. From whom must the power emanate?

Chapter II

Pages 205-206. 1. Name the three different kinds of agents, and define each?

Page 207.

1. What is the office and duties of a broker?

Page 208. 1. When is an agent called a factor?

2. When is the commission merchant called a del credere commission, or a factor?

3. Who is an auctioneer?

4. What are the general powers of the master of a ship?

Page 209.

1. What are the duties of the super cargo?

2. What are the duties of the ship's husband, and from whom does he receive his authority?

Page 210.

1. Distinguish an attorney-at-law, and an attorneyin-fact?

2. To what extent is the office of attorney at law, one of trust?

3. How is a partnership related to agency?

Page 211.

1. What are the duties and powers of a bank cashier?

Chapter III

Page 213.

1. Who may be a proper principal in any agency?

2. What person would be incompetent to act?

Page 214.

1. Could an infant when he reaches his majority, ratify an appointment made while he was an infant?

2. Is there any exception to the rule, that the insane principal's appointment would be invalid to bind such a principal?

Page 215.

1. How far is a corporation competent to confer authority on agents, to bind the corporation by their acts? 2. What persons are competent to act as agents?

Page 216.

1. What persons would be incompetent to act as agents?

2. Can the agent represent both parties to the contract?

Page 217.

1. What is the limitation, if any, on the power of a corporation to act as agent?

Chapter IV

Page 219.

1. From whom must the appointment come from?

2. What exception to this rule?

Page 220.

1. How may the appointment be made?

2. State the requisites of an appointment, where the law requires a writing, and where the appointment must be under seal.

3. What form of authority is necessary to sign a deed in the presence of the principal?

Page 221.

1. Define ratification.

2. What things are necessary in order that an act done without authority may be ratified?

3. Could any of these things be dispensed with?

Page 222.

1. Discuss the effect of a mere silence, and state if it could be held to amount to ratification?

Pages 223-224.

1. How is an agency proved?

2. Who decides whether in a given case, an agency exists, first, where the facts are in dispute, and second, where the facts are not in dispute?

3. Discuss the distinctions made between the authority of a general agent and a special agent?

Chapter V

Page 225.

1. Give the general rule as to when a principal is bound on the contract made by the agent.

2. To hold the principal in any case, what duties rest on the third person, who deal with the supposed agent?

Page 227.

1. State the general rule as to when a principal is not bound.

Page 228.

1. When an agent believes himself possessed of authority but is mistaken, is he liable to the third person?

2. When is the agent liable on the contract itself?

3. How far is an agent liable when he acts for an undisclosed principal?

4. When and how may an agent be invested with authority to sell personal property, so as to bind the principal?

Page 229.

1. Could such an agent sell to himself?

2. What authority is necessary to properly invest an agent with authority to sell real estate?

Page 230.

1. When is the time and place of sale an important fact in determining whether it is done with authority?

2. When is the agent said to have authority to give credit?

Page 231.

1. To what extent has an agent with general power to sell, the authority to make warranties, in reference to the goods so or as to the title of the goods so sold?

Page 232.

1. When has an agent the power to receive payment where he has authority to sell?

Page 233.

1. How should the authority to lease be given generally?

2. Can an agent with authority to purchase goods buy the same on credit?

3. How ought the appointment in relation to dealing with negotiable paper be conferred?

Chapter VI

Page 237.

1. In executing his authority, what particular rules ought the agent observe?

2. In what manner or form should the agent make the contract?

Page 238. 1. What is the doctrine of descriptio personae?

2. How should the agent proceed to draw the contract when it is in the form of a sealed instrument?

Page 239.

1. State the general rule in reference to the power of an agent to delegate his authority?

Page 240. 1. How must joint agents execute their authority?

Chapter VII

Page 241.

1. Enumerate the particular duties an agent owes to his principal.

Page 242.

1. What does the duty of exercising the utmost good faith include?

2. What is the rule as to the degree of skill required in an agent in any case?

3. What is the rule as to the degree of care required in the agent?

Page 243.

1. What is the rule in regard to the duties of the agent in reference to keeping his accounts?

2. What duties does the principal owe to the agent?

Page 244.

1. Can an agent recover any compensation where he does not complete his contract?

Page 245.

1. How is the amount determined, where nothing definite is agreed on between the agent and principal as to what compensation is to be paid?

2. Can the agent recover anything on an implied contract where he is closely related to the principal?

Page 246.

1. What is the extent of the agent's hen on property of the principal's in his hands?

Chapter VIII

Page 249.

1. What duties in general does the agent owe to third persons?

2. How may he make himself liable in contract?

3. To what extent is the agent liable to a third person for his torts committed while acting as agent?

Page 250.

1. How far is the principal bound to the third person on contracts made by the agent?

Page 251. 1. What are the rules as to the principal's liability to third persons for the torts of his agent?

Page 252. . 1. What is the rule as to necessity of giving notice to third persons, where principal terminates the agency?

Chapter IX

Page 255.

1. State, in general, how an agency may be terminated by the act of the parties?

2. What distinction is to be made between power and right to revoke or renounce the agency?

Page 256.

1. How far may the agreement of principal and agent control the termination of the agency?

Page 257.

1. State how the termination may be regulated by the making of a new agreement?

2. When has the principal the right to terminate the agency?

Page 258.

1. What is meant by an agency coupled with an interest?

2. Can a principal revoke an agency of this sort?

Page 259.

1. What has the agent the right to revoke?

Page 260.

1. What effect does the death of the principal have on the agency?

2. Would the death of the agent terminate the agency?

Page 261.

1. How does the insanity of the principal or agent affect the agency?

Page 262.

1. What effect did marriage of feme sole have on agencies previously created by her?

2. How does bankruptcy of the principal or agent affect the power of the agent to continue as agent?

Page 263.

1. What effect has the breaking out of a war on an agency existing between citizens of the warring powers?

Page 264.

1. What agencies are irrevocable?

Chapter X

Page 267.

1. What is the extent of the liability of third persons to the principal on contracts made with the agent?

Page 268.

1. What is the liability of third persons to principal for torts committed against the agent or the agency?

Page 269.

1. Discuss the right of the principal to invoke the doctrine of the trust fund theory?

Page 270.

1. Discuss the rights of the various parties where the agent is in the secret employment of another?