AGENCY - Nature Powerpoint 1

AGENCY - Nature Powerpoint 1 - commits Relationships in...

Info iconThis preview shows pages 1–8. Sign up to view the full content.

View Full Document Right Arrow Icon
AGENCY
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Definition A relationship between two persons, Principal and Agent by which Principal consents that Agent may act on Principal’s behalf i.e. as if P is acting
Background image of page 2
Definition (cont.) “Persons” – Legal person individual, corporation, partnership, other entities “Consent” Express (in words, written or spoken) Implied Conduct Statutes - e.g., Secretary of State as agent for service of process
Background image of page 3

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Law of Agency - Issues Principal - Agent Creation of relationship Duties Termination Principal - Third Party Will P be liable on contract, even when A doesn’t follow instructions? Will P be liable for torts committed by A?
Background image of page 4
Issues (cont.) Agent – Third Party When will A be liable on contract made for P? Will A have liability if T cannot enforce the contract? When will A be liable for torts she
Background image of page 5

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Background image of page 6
Background image of page 7

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Background image of page 8
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: commits? Relationships in which agency may or not be present • Distinguishing between two types of relationships • Employer/employee (master/servant) • Principal/Independent Contractor • (Either type may also be an agency relationship) Relevance of distinction • Tort liability of principal • Employment taxes • Employment statutes such as – Fair Labor Standards Act – Antidiscrimination statutes Determining which relationship • Ultimate issue: Hiring party’s right to control manner in which the other performs, whether not the right is exercised • Factors court may consider – level of supervision – skill required to perform job – supplying of tools, materials, equipment – length of employment – method of payment (time vs. job) • Parties’ label not dispositive...
View Full Document

This note was uploaded on 12/09/2011 for the course LAW 1101 taught by Professor Reed during the Spring '08 term at CUNY Baruch.

Page1 / 8

AGENCY - Nature Powerpoint 1 - commits Relationships in...

This preview shows document pages 1 - 8. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online