Agency slides 09 - ANNOUNCEMENTS x Reading for Wednesday Text 884-909 Cases 140-147 x x Study session Thursday 7:30 pm B-06 Sage Final exam info on

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ANNOUNCEMENTS Reading for Wednesday: Text 884-909 Cases 140-147 Study session Thursday, 7:30 pm B-06 Sage Final exam info on course website Early exam – Dec. 9, 7:00 pm Sign up for early exam by 4 pm Friday Is your cell phone silent?
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Relevant Definitions Agency = 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
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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 See Walker v. Lahoski , Case 33-3
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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 By ratification
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Principal Loyalty Notification Performance Obedience Reasonable care
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This note was uploaded on 08/12/2010 for the course AEM 3200 at Cornell University (Engineering School).

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Agency slides 09 - ANNOUNCEMENTS x Reading for Wednesday Text 884-909 Cases 140-147 x x Study session Thursday 7:30 pm B-06 Sage Final exam info on

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