Term
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Definition
| agent is doing deals on their own that the principal doesn't know about, breaches the agent's duty of loyalty |
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Term
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Definition
| a fiduciary duty owed by an agent not to act adversely to the interests of the principal |
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Term
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Definition
| when an agent takes advantage of a special deal with a 3rd party that was meant for the principal, not the agent, breaches agent's duty of loyalty |
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| competing with the principal |
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Definition
| when an agent competes with the principals, breaches agent's duty of loyalty |
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Term
| misuse of confidential information |
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Definition
| agent is under legal duty not to disclose this information, breaches agent's duty of loyalty. |
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Term
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Definition
| a rule that says an employer is liable for the tortious conduct of its employees or agents while they are acting within the scope of its authority. |
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Term
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Definition
| a situation in which an agent does something during the course of his or her employment to further his or her own interests rather than the principal's. Minor deviation -> principal still liable, m |
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Term
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Definition
| a rule that says a principal is generally not liable for injuries caused by its agents and employees while they are on their way to or from work |
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Definition
| an errand or another act that a principal requests of an agent while the agent is on his or her own personal business |
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Definition
| assault, battery, false imprisonment, and other intentional conduct that causes injury to another person. Principle is not liable for the intentional torts of agents and employees that are committed outside the principal's scope of business |
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Term
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Definition
| a test that determines whether an agent's motivation in committing an intentional tort is to promote the principal's business; if so, the principal is liable for any injury caused by the tort |
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Term
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Definition
| a test that determines whether an agent committed an intentional tort within a work-related time or space; if so, the principal is liable for any injury caused by the agent's intentional tort. |
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Term
| intentional misrepresentations aka fraud or deceit |
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Definition
| a deceit in which an agent makes an untrue statement that he or she knows is not true. principle is liable is agent makes these within scope of employment |
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Term
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Definition
| an agency in which a contracting third party knows (1) that the agent is acting for a principal and (2) the identity of the principal |
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Term
| partially disclosed agency |
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Definition
| an agency in which a contracting third party knows that the agent is acting for a principal but does not know the identity of the principal. both P and A are liable |
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Term
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Definition
| an agency in which a contracting third party does not know either the existence of the agency or the principal's agency. Both P and A are liable. |
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Term
| implied warranty of authority |
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Definition
| a warranty of an agent who enters into a contract on behalf of another party that he or she has the authority to do so. |
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Term
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Definition
| a situation in which a principal accepts an agent's unauthorized contract |
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Term
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Definition
| a person who contracts with another to do something for him who is not controlled by the other nor subject to the other's right to control with respect to his physical conduct in the performance of the undertaking. independent contractors are liable for their own torts. |
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