agency_slides_Presentation - ANNOUNCEMENTS Reading for...

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ANNOUNCEMENTS Reading for Wednesday: Text 347-368; Cases 163-176 Study session Thursday B-06 Sage 7:30 pm Final exam info on course website Sign up for early exam by noon Friday Is your cell phone silent?
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Relevant Definitions Agency is the ability to bind another contractually. Employer/employee – master/servant Partners are agents of partnership and each other but are not employees. Corporate officers are employees and usually are agents. Independent contractor See Jaeger v. Western Rivers Fly Fisher , text at 335. See Pusey v. Bator.
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Independent Contractor v. Employee To what degree does the principal exercise direction and control ? Behavioral control Instructions Training Financial control Significant investment Method of payment Realization of profit or loss See Clackamas Gastroenterology Assoc v. Wells
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Agency Relationships Principal Agent Third Party
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Issues in Agency Relationship Is the person an agent? Does the agent have authority? To answer these questions, need to know: How is an agency created and terminated? How does an agent get authority? How do you know whether an agent was acting as an agent when the act in question occurred?
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How Is an Agency Created? By agreement Express agreement Implied from conduct By estoppel Acts of the principal Justifiably relied upon by a third party See Miller v. McDonald’s Corp. , text at 337 By ratification
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Types of Authority Express authority Implied authority necessary authority customary authority Apparent authority
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This note was uploaded on 02/20/2009 for the course AEM 3200 taught by Professor Grossman,d. during the Fall '07 term at Cornell University (Engineering School).

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agency_slides_Presentation - ANNOUNCEMENTS Reading for...

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