Term
|
Definition
| The law of legal consequences of one person acting on behalf of and subject to the control of the principal. |
|
|
Term
| How do persons act within an agency relationship? |
|
Definition
1. The principal manifests assent to the agent
2. The agent acts on the principal's behalf
3. The agent's actions are subject to the principal's control
4. The agent manifests assent or otherwise consents. |
|
|
Term
| What are the types of principals in agency law? |
|
Definition
Individuals with legal capacity
Master/employer
Entrepenuer
Corporation
Partnership |
|
|
Term
| What are the factors to determine whether a person is an employee or an independent contractor? |
|
Definition
1. The extent of the control the principal exercises over the details of the worker's day to day activities
2. Whether the employer supplies the person's tools for work.
3. Structured payments
4. The worker's specialized skill level.
5. The principal's direction of the work to completion. |
|
|
Term
| What are the types of agents? |
|
Definition
Individuals with minimal capacity
Servant/employee
Independent contractors
Gratuitous agent
Trustee |
|
|
Term
| What are the factors for identification of an independent contractor? |
|
Definition
1. Whether the worker bears the risk and benefits from good management.
2. Whether he maintains a high level of independence
3. Whether he is free to work for others
4. Whether he agrees to be paid a fixed fee
5. Receives a payment based on results
6. Is liable for work performed
7. Accepts responsibility to remedy defects at own expense. |
|
|
Term
| What are the requirements to form an agency relationship? |
|
Definition
Capacity
Consent (can be implied) |
|
|
Term
| What are the types of authority which will subject the principal for liability through the acts of the agent? |
|
Definition
1. Actual express authority
2. Implied authority
3. Apparent authority
4. Ratification |
|
|
Term
| What is express actual authority? |
|
Definition
Where principal actually manifests assent for the agent to perform on behalf of the principal.
Can be created by oral or written words, clear, direct, and definite language, specific and detailed terms and instructions. |
|
|
Term
| What is implied actual authority? |
|
Definition
| Where the principal allows the agent to take whatever steps necessary to achieve the principal's objectives based on the agent's reasonable understanding of the objectives of the principal. |
|
|
Term
| What is Apparent authority? |
|
Definition
| Apparent authority derives from the reasonable reliance of a thrird party on the agent's representation and the party's perception of the level of authority granted to the agent by the principal. |
|
|
Term
| When is a principal vicariously liable for torts of his agent? |
|
Definition
| When the agent is an employee acting within the scope of employment by performing assigned work or engaging in conduct subject to the employer's control. |
|
|
Term
| For a principal to be subject to an employee's intentional torts... |
|
Definition
1. The conduct was within the space and time limits of employment
2. The agent was motivated in part to act for the employer's benefit
3. The act was the kind of act the employee was hired to perform. |
|
|
Term
| When is a principal liable for negligently selecting an agent? |
|
Definition
| When he fails to exercise reasonable care in selecting his agent. |
|
|
Term
| What is a non-delegable duty? |
|
Definition
| A duty which cannot be avoided by delegating the duty to another such as keeping the premises safe. |
|
|
Term
| What duties are owed by a principal to an agent? |
|
Definition
1. Deal fairly and in good faith
2. Contractual duties
3. Pay compensation depending on agreement
4. Not interfere with the agent's work
5. Indemnify the agent against pecuniary loss suffered in connection with the agreement. |
|
|
Term
| What duties are owed by an agent to a principal? |
|
Definition
1. Duty of loyalty- usurpation of business opportunity, not to compete with principal.
2. Provide information to the principal regarding their relationship
3. Care- Work with reasonable diligence and skill
4. Obedience |
|
|
