CHAPTER 21
Agency and Commission Agreement Quiz
Test your understanding of agency and commission agreements with our comprehensive quiz! This quiz consists of 10 questions designed to challenge your knowledge and improve your understanding of key concepts in this area.
- Explore topics related to agency relationships.
- Understand the intricacies of commission agreements.
- Assess your knowledge against other participants.
The agency agreement differs from the mercantile commission agreement in the fact that:
The former gives rise to a long-lasting relationship between the contracting parties and the latter entails a mandate by which a person agrees to perform a trade or transaction on behalf of another person.
The latter gives rise to a long-lasting relationship between the contracting parties and the former entails a mandate by which a person agrees to perform a trade or transaction on behalf of another person.
The latter implies that the distributor contracts with third parties on his own account, and assumes in all cases the risk inherent to the resale of the products acquired.
None of the above.
The persons linked by a labour relationship:
Shall be deemed sales agents.
Shall be deemed sales agents, but only under certain circumstances determined by Act 12/1992.
Shall not be deemed sales agents.
Shall not be deemed sales agents, except in the case of authorisation by the principal.
In what concerns exclusivity, from the agent's point of view:
Unless otherwise agreed, the agent may perform his professional activity on the account of various entrepreneurs.
The agent will require the consent of the entrepreneur with whom he has entered into an agency agreement in order to be able to perform for his own account or for another entrepreneur's account a professional activity related to goods or assets of equal or similar nature and which compete with those he would have agreed to promote.
Answers a) and b) are correct.
The agent fnust perform his professional activity on the account of a single entrepreneur.
If the remuneration of the agent is not expressly agreed in the agency agreement:
It will be determined by the competent court.
It will be determined by the principal.
It will be determined by the agent.
It will be determined pursuant to the usage in trade of the place where the agent performs his activity.
During the term of the agency agreement, the agent is entitled to a comon in the following cases:
When the trade act or transaction has been concluded as a result of the agent's professional intervention.
When the trade act or transaction has been concluded with a person previously procured by him and/or with whom he has concluded a similar act or transaction.
Inthe event of an agent having exclusivity in respect of a determined territory or group of persons, when any trade act or transaction is concluded with a person pertaining to said territory or group.
All of the above.
The agent is not entitled to compensation for clientele or damages:
When the principal terminates the agreement due to the agent's failure to fulfil his legally or contractually agreed obligations.
When the agent terminates the agreement, unless the termination is based on circumstances attributable to the principal or when it is based on age, disability or illness of the agent and the agent cannot be reasonably required to continue performing his activity.
Answers a) and b) are correct.
When the contract was entered into for an unlimited period of time.
The non-competition obligation after termination of the agency agreement:
May not exceed the term of two years from the expiry of the agency agreement.
May not exceed the term of a year from the expiry of the agency agreement.
May not exceed the term of three years from the expiry of the agency agreement.
May not excced the term of five years from the expiry of the agency agreement.
Which of the following statements is true, in relation to the commission agreement:
If the commission agent enters into an agreement in the name of the principal, he must not declare this.
If the commission agent enters into an agreement in the name of the principal, he must declare this.
If the commission agent enters into an agreement in the name of the principal, the contract and actions arising from it shall take effect between the principal and the person or persons entering into the contract with the agent.
Answers b) and c) are correct.
The parties to a distributorship agreement for an indefinite period may terminate it at any time, with or without cause, provided, however, that a prior written notice of termination is given:
Within two months when the terminating party is the supplier.
Within three months when the terminating party is the supplier.
Within six months when the terminating party is the supplier.
Within five months when the terminating party is the supplier.
Under Act 7/1996 regulating franchises:
Atleast twenty days prior to the conclusion of any franchise agreement, the franchisor must have provided the franchisee with the information, in writing, needed to make a free and informed decision about joining the franchise network.
At least ten days prior to the conclusion of any franchise agreement, the franchisor must have provided the franchisee with the information, in writing, needed to make a free and informed decision about joining the franchise network.
At least fifteen days prior toformation, in writing, needed to make a free and informed decision about joining the franchise network. The conclusion of any franchise agreement, the franchisor must have provided the franchisee with the in
At least thirty days prior to the conclusion of any franchise agreement, the franchisor must have provided the franchisee with information, writing, needed to make a free and informed decison about joining the franchis network.
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