BusLaw11.031 - AGENCY RELATIONSHIPS Agency: A fiduciary...

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AGENCY RELATIONSHIPS Agency : A fiduciary relationship that results when one person (the principal ) manifests her consent that another person (the agent ) will act on her behalf and subject to her control and the agent manifests his consent to so act. Fiduciary: A person who undertakes to act on behalf of, and primarily for the benefit of, another. Fiduciary Duty: A duty arising from the trust and confidence placed in a fiduciary by those on whose behalf and for whose benefit she acts. Ch. 31: Agency Formation and Duties - No. 1 Clarkson et al.’s Business Law (11th ed.)
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EMPLOYER-EMPLOYEE RELATIONSHIPS Employee: A person (1) who works for , and receives payment from , an employer, (2) whose working conditions and methods are controlled by the employer , and (3) for whose acts and omissions occurring in the scope of employment the employer is liable . Independent Contractor: A person (1) who works for , and receives payment from , an employer, (2) but whose working conditions and methods are not controlled by the employer , and (3) for whose acts and omissions the employer is not liable . “Works for Hire”: The Copyright Act of 1976 gives the employer the copyright in any work its employee creates Ch. 31: Agency Formation and Duties - No. 2 Clarkson et al.’s Business Law (11th ed.)
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(1) within the scope of her employment and (2) at the employer’s request. Ch. 31: Agency Formation and Duties - No. 3 Clarkson et al.’s Business Law (11th ed.)
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DETERMINING EMPLOYEE STATUS To determine whether a worker is an employee or an independent contractor, courts consider the following: (1) how much direction and control the employer
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BusLaw11.031 - AGENCY RELATIONSHIPS Agency: A fiduciary...

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