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19 Cards in this Set
- Front
- Back
A fiduciary relationship between two persons in which one (the agent) acts on behalf of, and is subject to the control of, the other (the principal). |
Agency
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One in which the principal gives the agent expression or actual authority to act on the former's behalf
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Principal-agent relationship
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Authority that arises from specific statements made by the principal (employer) to the agent (employee).
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Expressed Authority
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Includes expressed authority as well as implied authority, or that authority customarily given to an agent in an industry, trade, or profession.
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Actual Authority
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Legal doctrine imposing liability on a principal for torts committed by an agent who is employed by the principal and subject to the principal's control
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Respondeat superior
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One in which an agent (employee) who works for pay and is subject to the control of the principal (employer) may enter into contractual relationships on the latter's behalf
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Employer-employee relationship.
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One in which the agent is hired by the principal (employer) to do a specific job but is not controlled with respect to physical conduct or details of work performance
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Employer-Independent Contractor Relationship
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Agency relationship formed through oral or written agreement.
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Expressed agency (agency by agreement).
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An agency agreement used to give an agent authority to sign legal documents on behalf of the principal.
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Power of attorney
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Agency relationship in which customs and circumstances, rather than a detailed formal agreement, determine the agent's authority.
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Agency by Implied Authority
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Agency relationship in which an unauthorized agent commits the principal to an agreement and the principal later accepts the unauthorized agreement, thus ratifying the agency relationship.
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Agency by Ratification
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A legal bar to either alleging or denying a fact because of one's own previous words or actions to the contrary
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Estoppel
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An agency relationship in which the principal is estopped from denying that someone is the principal's agent after leading a third party to believe the person is an agent.
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Agency by estoppel (apparent authority)
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Agent's compensation that consists of a percentage of the amount the agent secured for the principal in a business transaction.
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Contingency Fee
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Obligation of the principal to reimburse the agent for any losses the agent incurs while acting on the principal's behalf.
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Indemnity
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One whose identity is known by the third party when the latter enters into an agreement negotiated by the agent.
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Disclosed Principal
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One whose identity is not known to the third party at the time of the agreement, though the third party does know the agent represents a principal.
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Partially Disclosed principal
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one whose identity and existence are both unknown to the third party.
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Undisclosed Principal
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the legal principle that makes two or more people liable for a judgement,either as individuals or in any proportional combination. under this principle, a person who is partially responsible for a tort can end up being completely liable for damages.
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Joint/Several Liability
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