BULE 302 Ch 16

b Independent contractors no control

...............1............... are not employees, because the person for whom they have agreed to perform has ......2.........over the physical conduct of their performance. An .............1............ may or may not be an agent. 0. a) Employer-Employee Relationships b) Employer-Independent Contractor Relationships

a employee

An .......1..............is one whose physical conduct is controlled, or subject to control, by an employer. The key feature is the employer's right to control the .......1.............in the performance of tasks involved in the employment. An .......1.............can be an agent if the .......1.............has the authority to represent the employer. 0. a) Employer-Employee Relationships b) Employer-Independent Contractor Relationships

b

Classification of Principals A principal in an agency relationship may be: the third party does not know that he/she is dealing with an agent or the identity of the principal a) Disclosed b) Undisclosed c) Partially disclosed

c

Classification of Principals A principal in an agency relationship may be: the third party does not know the identity of the principal but knows that the agent is acting on behalf of a principal. a) Disclosed b) Undisclosed c) Partially disclosed

a

Classification of Principals A principal in an agency relationship may be: the third party with whom the agent deals knows he/she is dealing with an agent and knows the identity of the principal. Most common. a) Disclosed b) Undisclosed c) Partially disclosed

a

Contract Liability where the Principal is Disclosed, Partially Disclosed, or Undisclosed If the principal is ................, the agent is not normally liable. a) Disclosed b) Undisclosed c) Partially disclosed

b

Contract Liability where the Principal is Disclosed, Partially Disclosed, or Undisclosed If the principal is ................, the principal and the agent are both liable on the contract. a) Disclosed b) Undisclosed c) Partially disclosed

c

Contract Liability where the Principal is Disclosed, Partially Disclosed, or Undisclosed If the principal is ....................., the agent and principal are liable. a) Disclosed b) Undisclosed c) Partially disclosed

Compensation Reimbursement & indemnification Cooperation Safe working conditions

Duties of Agents and Principals An agency relationship is fiduciary (one of trust). A principal owes the following duties to the agent:

Performance Notification Loyalty Obedience Accounting

Duties of Agents and Principals An agency relationship is fiduciary (one of trust). An agent owes the following duties to the principal: (5)

third employee independent contractor

In a principal-agent relationship, the parties have agreed that the agent will act on behalf and instead of the principal in doing business with .....1......... persons. The fundamental doctrine of agency is that: "he who acts through another acts himself". An ..........2............or an ............3................... may act in the capacity of an agent.

vicarious liability

Legal responsibility placed on one person for the acts of another for the reasons of public policy. It is an indirect liability imposed on a supervisory party (such as an employer) for the actions of a subordinate (such as an employee) because of the relationship between the two parties.

.principal's classification authorized

Liability for contracts executed by an agent for a principal depends on: - The ...................1............................, and - Whether the agent was ...........2..........to enter a contract for the principal.

a notify all 3rd parties apparent

Termination of Agency Relationships - This includes an agency for a specified duration and/or an agency for a specific purpose. - employer must ............1........... who have learned of the existence of the agency; otherwise agent still possesses ...........2.........authority. 0. a) By the Acts of the Parties b) By Operation of Law

b death insanity subject matter

Termination of Agency Relationships This includes .....1........of employer, ......2........of employer, and destruction of ............3......... of the agency. No notice need be given to either the agent or third parties. 0. a) By the Acts of the Parties b) By Operation of Law

b

Types of Agency Relationships Agency relationships may be formed as follows: • : when a principal affirms a contract made by a person who is not an agent, or who is an agent acting outside the scope of his or her authority. a) Agency by Agreement b) Agency by Ratification c) Agency by Estoppel d) Agency by Operation of Law

c

Types of Agency Relationships Agency relationships may be formed as follows: • : when a principal causes a third person to believe that another is the principal's agent, and the third person deals with the other. a) Agency by Agreement b) Agency by Ratification c) Agency by Estoppel d) Agency by Operation of Law

a

Types of Agency Relationships Agency relationships may be formed as follows: • : Generally, no formalities are required to create an agency relationship. Agency can be created by a written or oral agreement. Is the most common type. a) Agency by Agreement b) Agency by Ratification c) Agency by Estoppel d) Agency by Operation of Law

d

Types of Agency Relationships Agency relationships may be formed as follows: • : These may be justified by social duty or in emergency situations. a) Agency by Agreement b) Agency by Ratification c) Agency by Estoppel d) Agency by Operation of Law

b

Types of Authority of Agents The appearance or the assumption of authority based on the actions, words, or deeds of the principal or because of circumstances the principal created although the agent has no express or implied authority. a) Actual authority which includes: -express authority, and implied authority b) Apparent authority c) Emergency authority d) Ratification authority

a

Types of Authority of Agents The authority of an agent specifically told or written to him by the principal a) Actual authority which includes: -express authority, and implied authority b) Apparent authority c) Emergency authority d) Ratification authority

d

Types of Authority of Agents the affirmation by the principal of a prior act performed on his/her behalf by another without authority. a) Actual authority which includes: -express authority, and implied authority b) Apparent authority c) Emergency authority d) Ratification authority

c

Types of Authority of Agents type of implied authority that arises when the principal cannot be reached and immediate action by the agent is required to protect the principal's interests a) Actual authority which includes: -express authority, and implied authority b) Apparent authority c) Emergency authority d) Ratification authority