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31 Cards in this Set
- Front
- Back
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this person directs the other person
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principal
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this person steps into the shoes of the principal
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agent
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mutually needed for an agency
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consent by pricipal and agent
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Because of this, principals are liable for the acts of agents
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Principal has control
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this relationship requires that the agent puts the principal's best interests first
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Fiduciary
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Agent can't accept outside benefits
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Duty of loyalty
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Principal must pay for work
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Duty to compensate
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Agent follows instructions
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Duty to Obey
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Agent can't divulge confidential information EVER
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Duty of loyalty
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An agent with special skills
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Higher duty of care
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Principal must pay for agent expenses
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Duty to reimburse
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Agent may not reflect badly on principal
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Duty of loyalty
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Principal must not interfere with agent
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Duty to cooperate
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Principal must perform his/her part of the contract
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Duty to cooperate
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Principal must indemnify agent for tort claims that principal authorized
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Duty to reimburse
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One type of authority where principal bound by agent
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Express
Implied Apparent |
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Type of authority includes acts reasonably necessary to accomplish tasks
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Implied authority
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Type of authority caused by principal's conduct
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Apparent
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When agent has no authority but principal accepts the contract anyway
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Ratification
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No authority and no ratification and no connection to agent
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No liability
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Agent is not liable on contracts on behalf of this principal
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Disclosed
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Principal is liable for agent's torts within this
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Scope of employment
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Principal is generally not liable for the torts of this agent
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Independent Contractor
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Principal may be liable for the torts of this independent contractor
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Negligent Hire
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Principal is liable even if negligent act is forbidden but still within
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Scope of employment
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money awarded by a trial court for injury suffered
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damages
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when an agent is empowered to enter into a contract that must be in writing
appointment of the agent must also be in writing |
equal dignities rule
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conduct of principal is interpreted and causes the agent to believe principal desires him to do a certain act
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express authority
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someone who hires subagents for the principal
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intermediary agent
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the right to enter land belonging to another and take something away
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profit
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"let the master answer"
principal is liable for agent |
respondeat superior
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