Agency Law - Agency Law Agency LawRelevant Definitions...

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Agency Law Agency Law—Relevant Definitions Agency= ability to bind another contractually Employer/employee—master/servant o Partners are agents of partnership and each other but are NOT employees (i.e. your board) o Corporate officers (i.e. your CEO, CFO, etc…can also be your shareholders) are employees and usually are agents Independent contractor Why do we care about these distinctions? For tort liability. Independent Contractor v. Employee Example: Clackamas case—one of employees brings discrimination action against her employer. Law says you cannot sue if your employer has 15 or fewer employees, then you have to turn to state law. Plaintiff is trying to argue there is over 15 employees, but is only if you include doctors. Doctors are shareholders, are they employees? Study relationship and how they go about their business. Example: Walker case—Waker is a home help aid. She is placed in Lahoski house, Walker takes care of Lahoski, cleans, etc. Walker is cleaning and something falls on her and is hit. She tries to get workers compensation since she was injured on the job, but from the couple she works for. Is this couple really her employers? In this case, court says summary judgment shouldn’t have been granted. To what extent did husband tell them what to do, and to what extent did she come in and do her own thing because she things she knows better than husband?
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This note was uploaded on 02/24/2011 for the course AEM 3210 taught by Professor Grossman,da during the Fall '07 term at Cornell University (Engineering School).

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Agency Law - Agency Law Agency LawRelevant Definitions...

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