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44 Cards in this Set
- Front
- Back
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Agency |
Page 498 agency is a fiduciary relationship that arises when one person a principle manifest sent to another person an agent that the agent act on the principles behalf and subject to the principles control and the agent manifest sent or otherwise consents so to act |
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Agency at will |
Page 514 the agency agreement does not specify a set date except. Or is that the currents that will terminate it the relationship is an agency at will. In an agency at Willow Arrangement either party can terminate the relationship by giving notice to the other. You have a principal or the agent needs cause or justification to terminate the relationship |
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Agency law |
Page 498 agency law concerns the relationship between worker and the people who hire workers. It involves our duties or responsibilities both to each other and to the public at Large. |
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Anticipatory breach |
Page 518 principal notifies the agent in advance. The agent can still sue the principal immediately for the anticipated damages |
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Capacity |
Page 500 to find out what happened with that hit and run the guy who agency is a consensual relationship the principal must have the capacity to consent in a legally binding manner. Strange that seems even persons who do not have the capacity to act for themselves for example minors or insane persons can act as agents for someone else. It is a capacity of the principal not that of the agent that controls |
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Bad faith discharge |
Page 515 courts are also recognizing a tort of bad faith discharge, or the silver dollar employee has a right of continued employment and has developed a relationship of trust Reliance and dependency on the employer. It is based on an implicit understanding between the employee and employer that they will deal honestly and fairly with each other. Bad faith is usually evidence by fraud malice or oppression. This is sometimes considered a breach of a covenant of good faith and fair dealing |
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Common carrier |
Page 500 a common carrier is a company in the business of transporting people or goods for a fee and serving the General Public |
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Consent decree |
Page 525 is a court decree agreed to by the parties |
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Constructive notice |
Page 518 the law that accepts notice by publication also called constructive notice. Such a notice is published in the legal notices in the newspaper. |
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Constructive Trust |
Page 510 is a trust imposed by Court to prevent unjust enrichment. |
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Discretion |
Page 502 is the right to use one's own judgment and selecting between alternatives |
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Employee |
Page 503, 504 one who works physically for the hiring party |
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Employee Retirement income Security Act |
Page 503 is a federal statute that regulates pension plans and employee benefit Plans offered by private employers |
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Employer |
Page 503 employer has the right to control how the task is accomplished by the employee |
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Employment at will |
Page 514 see agency it will |
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Facilitator |
Page 500 agent is not party to the contract he or she is merely a facilitator in the formation of a contract. An agent |
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Fiduciary duties |
Page 509 are the duties to act with the utmost good faith kander and confidence and Trust. They include the duty to act with the highest degree of honesty and loyalty and the duty to act in the best interest of the person to whom the duty is owed |
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Fiduciary relationship |
Page 498 when one person I principle manifest sent to another person and agent that agent she lacked the principal's behalf and subject to the fence and lose control and the agent manifest sent for otherwise consents to act agency is a fiduciary relationship |
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General agent |
Page 501 a general agent is hired to conduct a series of transactions over time |
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Good faith |
Page 510, 512 obligation of faithful service |
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Gratuitous agent |
Page 502 gratuitous agency are that one person volunteered to help another in the second person accepted this free assistance. They have no right to compensation |
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Hazardous activities |
Page 508 some chords now hold the hiring party liable for harm resulting from the independent contractors job-related hazardous activities resulting in an increase in the potential liability of the hiring party |
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Imputed notice |
Page 511 did you need to give notice which requires an agent to inform the principal about material facts that are discovered within the scope of the agents employment. In fact law presumes that the principal has noticed in such situations under the doctrine of imputed notice |
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Indemnify |
Page 510 repay |
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Independent contractor |
Page 504 is higher to complete a task or someone else. The physical acts of the independent contractor not control or subject to the control of the hiring party instead independent contractor relies on his or her own expertise to determine the best way to complete the job |
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Loyal |
Page 510 the agent's duty is to be loyal to the principal and to protect the principles best interest. Agent must not compete with the principal work for someone else who competed with the principal or act to further the agents own interest without the consent of the principal |
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Minors |
Page 500 can act as an agent |
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Mitigate damages |
Page 519 so this is the vehicle to keep damages as low as possible they can do this by searching for a similar position with another principal and the same locality mitigating damages as discussed fully in chapter 14 |
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Nonservant agent |
Page 500 |
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Notice |
Page 517 what a relationship is terminated by the operation of law usually is unnecessary to give notice to the party or to the public at Large. What either an agent or principal terminate the agency relationship prematurely party terminating relationship has a duty to notify the other person within a reasonable period of time |
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Occupational safety and health Act |
Page 512 the employer has an obligation to provide the employee with a reasonably safe place to work and safe equipment to use this obligation is based on the common law and state and federal safety statutes such as the federal occupational safety and health Act OSHA. Under OSHA the Secretary of Labor made passed regulations permitting workers to refuse to work under hazardous conditions |
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Personal notice |
Page 518 mail email electronically transmitted for simile copy telephone or Telegraph. Personal notice is really required for all third parties who have had dealings with the agent |
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Principal |
Page 498 emergency power |
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Reasonable efforts |
Page 511 Duty to perform any obligation specified in the contract. Normally the ages promise to act is interpreted as being only a promise to make reasonable efforts to achieve the desired results |
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Publication |
Page 518 also called constructive notice |
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Renunciation |
Page 516 |
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Revocation |
Page 516 principles can revoke or terminate the authority of the agent to act on their behalf |
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Servant |
Page 503 traditionally the employee was called the master and employee was called to serve it |
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Termination of the agency relationship |
Page 513 can be terminated after the length of time stated in the contract or termination for cause generally set out in the agreement |
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Servant agent |
Page 551 one serving the agent such as an employee |
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Ultrahazardous activities |
Page 508 blasting Boulders drilling oil wells transporting highball toll chemicals and using poisonous gases to fumigate buildings |
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Whistleblowers |
Page 514 some states are holding that employer liable for a Taurus discharge if the termination violates public policy. This is based on the theory that employees should not have to Forfeit their jobs because they acted a matter that supports some important public policy. This base is commonly used to protect whistleblowers from being discharged for example employees who report safety violations to the occupational safety and health administration or violations of environmental-protection laws to have anti relation Provisions based on public policy that prevent players from retaliating against employees who complain to agencies file reports or testify in court against them |
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Workers compensation |
Page 512 compensation to the employee for injuries acquired while on duty |
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Wrongful discharge |
Page 514 termination of whistleblowers or similar situations |
