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46 Cards in this Set

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  • Back
A person who agrees to represnt or act for another, called the principal
In agency law, a person who agrees to have another, called the agent, act on his or her behalf
indidivual or business entity who hires employees, pays them salaries or wages, and exerciss control over their work
Indpendent Contractor
who receives payment from employer, who working condidions and methods are not controlled by the employer
Power of an Attorney: General
Permitting the agent to transact all business for the principal
Power of an Attorney: Special
Permitting the agent to perform specified acts only
Power of an Attorney: Durable
Can act on behalf of a incompetent person-write checks, collect insurace, manage persons affair.
spouses often give it to each other
Creation of Agency: Express Authority
given by one party to another. agent can act for both parties if both agree, orally or in writing. Written=Do this
Creation of Agency: Implied Authority
Not created by explicit oral or written agreement, but by implication. by custom, position the agent occupies, or by reasonably necessary to carry out express authority. What ever is implied to finish the task.
Creation of Agency: Apparent Authority
obtained by agent when the principal, by either word or action, cause 3rd part to belivle that the agen has authoriy to act, even if there is no express or implied authority.

Bascially if authority is abused or used wrongfully, then passed to a 3rd party.
Termination of Agency: Death or insanity
Bosley is hired by grey to collect dbt from cochran. Grey dies, bosely doesnt know, he still collects debt from cochran. cochran payment to bosely is not legally suffeicnet to discharge debt to grey because he no longer has authority
Termination of Agency : Impossibility
when subject matter of agency is destroyed or lost, agency terminates.
Gonzalez employs rich to sell house. before any sale, house is burned down by fire,. richs agency and authority the house terminates
Termination of Agency: Changes Circumstances
Event occurs that has an unusual effect. agene can resonably infer that the principal will not want agency to continue
Bird hires mark to sell land for 40k.
mark learns oil is under land that is worth 1 mil. agency and mark authority for 40k are terminated.
Termination of Agency: Bankruptcy
if either principla or agent petitions for bankruptcy, agency usually terminated
Termination of Agency: War
when principals and agents countyr at war, agency is terminated
Respondeat Superior
employer or princiapl held liable for wrongful acts commited by acts or employes while in cours or scope of agency or employment
Detour compared to Frolic
Joel v. Morison 1834
if servery mearly took, detour from masters buisness, then master responsible. but if servent, was on a "frolic of his own" and not in any way on masters business. the master will not be liable.
Tort Liability of Principal: Tortious Contract
principal may be liable for giving improper instruction, authorizing the use of improper materials or tools.that result in agent commiting a tort
ex. jack knows lucy cannot drives, but tells her to drive the company truck to deliver equipment to customer. jack will liable for his own negligence to anyone injured by her negligent driving
Tort Liability of Principal: Principaln authorization of agents tortious conduct
principal who authorizes an agent to commit a tort, will be liable for persons or property injured thereby,
"At Will" Employment
either the employer or employee may terminate an employment for any resson. unless the contract specifcally states otherwise.

Execeptions:employer may be liable for making false promises. ex. employer says to prospective employees there is "long term job with thriving business"but really it is loosing money and merging, the employee is soon fired. employee can sue.
At Will Employment: Execeptions based on public policy
Public policy must be expressed clearly in the staturtory law governing the jursidiction
Whistleblowing: reporting to govnerment officials, upper management authorites, or the press that and employer is involved in some unsafe or illegal activity
Contract Employment: Contract Theory
some courts, implied employment contract exsists between employer and employee. If fired outsdie terms, action of breach.
ex. employee manual states, as matter of public policy, works only dismissed for good cause. if employe is aware and continues to work. there is an impliked contract based on those terms
Responsibility of Employer in Public Employment
As an employee for a public business, you obtain all your constitutional rights
Constrained in drug testing by the 4th amendment.
Responsibility of Employer in Private Employment
The consitution does not apply, hence privacy rights
Title VII of 1964 Civil Rights act
prohibit job discrimination against employees, applicants, and union member on the basis of race, color, national origin, religion and gender at any stage of employment.
Applies to employers affecting interstate commerce with 15 or more employees
Laws Prohibiting Employment Discrimination in Addition to Title VII: Equal Employment Opportunity Commision (EEOC)
monitors compliance with Title 7. alleged victim of discrimination must file suite with EEOC first before bring suit against employer
Laws Prohibiting Employment Discrimination in Addition to Title VII: Potential 1981 claims
Victims of racial or ethic discrimination may have a cause of action under 42 U.S.C. Section 1981
enacted as part of civil rights act of 1866, protect righs of freed slaves, prohbits discrimination of the basis of race or ethnicity in the formation or enforcement of contracts
Laws Prohibiting Employment Discrimination in Addition to Title VII: Disparate- Treatment Discrimination
Intentional Discrimination.
Women apllies for a construction firm and rejected. if she sues she must prove
1. member of protected class
2. applies and was qualifed for the job
3. rejected by employer
4. employer continued to seek applicants for the position or filled the positon with a person not in a protected class

if she meets this requirement , she makes a PRIMA FACIE CASE of illegal discrimination, dont need a lawyer to win case if primea facie is made
Laws Prohibiting Employment Discrimination in Addition to Title VII: Equal Pay Act of 1963
prohibits employers from engaging in gender based wage discrimination
Laws Prohibiting Employment Discrimination in Addition to Title VII: Constructive Discharge
when employer causes the employees working conditions to be so intolerale that a resonable person would be compelled to quite
Laws Prohibiting Employment Discrimination in Addition to Title VII:
Sexual Harassment: Quid Pro Quo
Occus when sexual favors are demanded in return for job opportunites, salary increases.
Laws Prohibiting Employment Discrimination in Addition to Title VII: Sexual Harassment: Hostile Environment Harassment
Arisis when a person is subjected to unwelcome sexual advances, requests for sexual favors, and other verbal or or physical conduct or communication of a sexual nature.
Age Discrimination in Employment Act of 1967 (ADEA)
Prohibits employment discrimination on the basis of age against individuals 40 years of age or older
Americans with Disabilities act of 1990 (ADA)
Designed to eliminate discriminatory employment practices that prevent other wise qualified workers with disability from fully participation in the national labor force.
Bona Fide Occupational Qualifacation (BFOQ)
Another defense that applies when discrimination against a protected class is essentail to a job
Race, color and a national origin can never be justified as a BFOQ
State Workers Compensation Laws
administrative procedure for compensating workers injured on the the job.

instead of suing, files claim iwth the administrative agency.

a worker who accepts workers compensation benefits is prohibited from suing for injuries cause by employee negligence.
Labor Law: Union Organization: Authorization Card
States that worker desires to have a certain union, such as united auto works, represent the work force. 1st step unionizers take to creating union

If employer refues to voluntarily recognize the union after a majority signs the cards, they can petion the Nationa Labor Relations Boad
Labor Law: Collective Bargaining
Process which labor and management negotiate terms, wages, benefits, working conditions,

allows unions to speak on their behalf at bargining table

may demand to bargain with employer.

Labor Law: Collective Bargaining Good Faith
requires that mangement must be willing to meet with union representatives and consider the unions wishes when negotiating contract
Closed Shop
A firm that requires union membership by its workers as a condition of employment

Made illiegal by Labor-Mangement Relations Act
Union Shop
Union membership not a prerequisite for employment but employee required to join after ample time
"Right to Work" State
Laws making it illegal for union membership to be required for continued employment in any establishement

Thus, Union shops are illegal in 22 state that have right to work laws
What is a Profession
A paid occupation that involves prolonged training and a formal qualification
Professional Ethical Standards
owe a duty to his or her client to honor terms of contract

subject to standards of conduct and ethical codes established by profession, state statues,

governed by contracts with clients
Professional Responsibility, Ethics, Accountability: Who polices these standards
Accounting standard of care: Financncial Accounting board determines what accounint conventions, rules and procedures consistute GAAP at a given point in time
What remedies are available when a profession makes an ethical mistake and violates his/her professional ethical ruels
Prima Facie
as long as a professional acts in good faith and follows rules he will obviously not be held liable to a client for a mistake in judgment