Tuesday Feb 1st notes

Tuesday Feb 1st notes - Non-competition duty follows from a...

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
Tuesday Feb 1 st Employment Law and Agency Law. There are rights and duties from both sides, the breached of which can lead to liability. Apparent authority – Quasi contract didn’t meet all the elements of the contract but in this instance we are going to treat the parties quasi, as if they did have a contract in place. It is apparent to the outside world that you two appear to be working together. Is as you were, because apparently to the third party, he was working with you. If you control the person, it is difficult to distance yourself; that is why they hire independent contractors. They are not subject to control their liability. His negligence is his own, not mine. Fiduciary special relationship, Minimal standard of loyalty and care. Must act in client’s best interest, not mine. Duty of loyalty is a hallmark characteristic of fiduciary status.
Background image of page 1
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: Non-competition duty follows from a theme of selflessness. Loan Officer or Lawyer, their Agent is the bank or Firm. You can be exposed to liability when you didn’t even think you would. Apparent authority exists by appearance. 3 rd party is lead to believe that certain things would be fulfilled. Law says that innocent 3 rd party relies on it to make decision. Course and scope of employment cannot be proven then there is no liability. Marks a cutoff of liability. Do not work them too much, 10 hours between shifts; otherwise injury on their way home from work can still be liable. If it’s not these, not a title seven case. Disparate Impact – Not intended, just happens. Physical standards business necessity is a defense....
View Full Document

This note was uploaded on 02/05/2011 for the course GM 520 taught by Professor Marques during the Spring '11 term at DeVry Austin.

Ask a homework question - tutors are online