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14 Cards in this Set
- Front
- Back
Tort
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Neglagence, neglagent act (civil law)
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Agency
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relationship where one part (the agent) acts on behalf of another (the principal)
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Enployee vs. Independent Contractor (Differences)
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1. Taxes (withholding for employee only)
2. Benifits for employee only(includes firing) 3. Ownership and I.P. (for employee, rights automatically go to employer, not same for indep. contractor |
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Estoppel
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to prevent; theory under which a person is barred from asserting or denying a fact because of the person's previous acts or words; appearance of 3rd party that you are an agent of a particular agency
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3 Types of Authority
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1. Actual Express (Oral or written)
2. Actual Implied (authority resonaly thinks he/she has) 3. Apparent Authority (like an estoppel; prinicial gives appearance that a person is an agent to a 3rd party |
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Indemnification
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part of a contract that provides for one party to bear the monetary costs for losses incurred by the 2nd party
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Duties of Agent to Principal
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Duty of Loyalty; Duty of Care; Duty to Notify
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Duties of Principal to Agent
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Compensation; Indemnification
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Contract Issues (Fully Disclosed)
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3rd party knew agent represented the principal and knew the identity of the principal = Principal is liable, Agent is not
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Contract Issues (Undisclosed)
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3rd party knew neither of existence of agency nor the prinicipal = Agent is liable, principal is not
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Tort Issues (Rule)
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Whether an employer is liable to a third party for negligence of the employee depends on whether the negigence occurred in the scope of employment
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Detour (Tort Issues)
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Employee stops along the way of normal work to do a personal "errand" = employER is liable
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Frolic (Tort Issues)
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Employee does something completely for his or herself on company time = employEE is liable
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Business Trip - Who is liable?
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EmployER b/c you are the face of the company
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