Bus_Law_Class_11_v2

Bus_Law_Class_11_v2 - 900 BUS LAW 320 Spring 2011 Jordan...

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900 BUS LAW 320 Spring 2011 Jordan Breslow TOPICS COVERED Agency Employment Law Focus on Discrimination and Harassment Terminology: Agent Principal Fiduciary Vicarious liability Harassment Disparate Impact Adverse Impact At Will Agency What is an agent? Relationship between one person (principal) an another (agent) in which the principal authorizes the agent to act on his (principal's) behalf Who can be a principal? Anyone with capacity to contract (Even if no capacity, court might appoint a conservator or guardian) Is an employee an agent? It depends - if employee has authority to enter into contracts on behalf of employer, she is an agent Is an independent contractor an agent? 1
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Yes. How do you form an agency relationship? Express: by an agency agreement Implied: by conduct, by custom, prior dealing, etc. Bosse v. Brinker (text page 461)' A restaurant patron sees other patrons leave without paying, on own initiative gets in car and chases them; calls the restaurant to report; restaurant calls 911; bad guys crash and are injured. Is the patron an agent of the restaurant? Ratification: person misrepresents self as an agent, the so-called principal accepts the unauthorized act (ratifies it). Apparent ("Ostensible") Agency: principal creates the appearance that someone is his/her agent. Principal not allowed to deny agency and avoid the obligation. What authority does the agent have? Express agent: governed by terms of agreement Implied: facts and circumstances Incidental: other acts beyond express authority reasonably within the scope Liabilities of Agent and Principal Contract liability Tort Liability – general rules Principal liable for his own torts And for torts when acting within the scope of his/her authority This is vicarious liability / Respondeat superior (“let the master answer”) Agent liable for his own torts (and torts of P if agent participates) Tort Liability - Negligence 2
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Follows general rule – Exceptions: Frolic and Detour Coming and Going P not liable even if P supplies the transport Dual Purpose mission- both liable What is in scope of agency? Keating v. Goldick and Lapp Roofing (text p. 463) employee on extended job out-of-state, allowed to use company truck. At night drives to bar, gets drunk, injures bystander. Held not in scope of agency/employment, so employer not liable Tort liability – intentional tort General rule like negligence – P liable if inside the scope of principal’s business How do courts decide? Motivation – promote self or promote P’s business; or Work-related time or space, motivation irrelevant Tort liability – Fraud and misrepresentation P liable if made within scope of employment Example page 478 text Contract liability – general rule, P is liable on a contract if P authorized A to enter into contracts if agent exceeds scope of his/her authority, P not liable, unless P ratifies. Agent is liable for breach of implied warranty of authority
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Bus_Law_Class_11_v2 - 900 BUS LAW 320 Spring 2011 Jordan...

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