AGENCY - Nature Powerpoint 1

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

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

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