Term
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Definition
| issue "stopped"--can't be taken further due to circumstances--if person claims apparent authority and nothing is done, must eventually take responsibility for "contract" |
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Term
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Definition
| what a reasonable person would do |
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Term
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Definition
| go ahead---enter into contract |
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Term
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Definition
| what would naturally be required to complete the task |
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Term
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Definition
| appearance/demeanor makes it "appear" that someone has authority that they do not officially have |
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Term
| principal ratifies action |
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Definition
| must PAY if principal ratifies(accepts) the action |
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Term
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Definition
| agent of an agent (contractors hire subcontractors)--certain jobs should not be contracted out to subagents |
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Term
| fully disclosed principal |
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Definition
| agent purchases product on credit of principal--supplier will not usually hold agent liable because agent "fully disclosed relation to principal |
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Term
| unidentified principal (exists but mysterious identity) |
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Definition
| agent and principal are BOTH responsible--with unknown principal it is difficult to count on their credit and hold them liable |
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Term
| principal liability for agent's torts |
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Definition
| typically only responsible if party is EMPLOYEE (not independent contractor) |
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Term
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Definition
| controlled by principal, principal claims responsibility, provided with supplies, typically full time and work for one principal, paid by time, involved with principal's regular business |
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Term
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Definition
| less controlled by principal, bring their own supplies, usually have multiple clients, paid by job, status is agreed upon, tasks for business or personal tasks? |
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Term
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Definition
| hiring a criminal or sex offender--failing to complete background/reference check (PRINCIPAL IS LIABLE) |
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Term
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Definition
| hiring a criminal or sex offender--failing to complete background/reference check (PRINCIPAL IS LIABLE) |
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Term
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Definition
| NOT frolic/detour--act must be typical, during business hours, part of principal's business activities, act is similar to one authorized by principal, tools supplied by principal |
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Term
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Definition
| representative of principal |
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Term
| create AP relation--consent |
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Definition
| parties agree to relationship and terms |
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Term
| create AP relation--control |
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Definition
| principal in charge==empowers agent to work for them |
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Term
| create AP relation--fiduciary relationship |
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Definition
| working in principal's best interest |
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Term
| DO NOT NEED A _____________ for AP RELATION |
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Definition
| CONTRACT OR "WORDS OF AGENCY" |
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Term
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Definition
| NO outside benefits, NO sharing confidential information, NO competition with principal, NO conflict between two principals, NO secretly dealing with the principal |
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Term
| duty to obey instructions |
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Definition
| follow guidelines (expectations) |
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Term
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Definition
| pay attention to details, GREAT responsibility upon agent |
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Term
| duty to provide information |
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Definition
| don't hide information from the principal, lay your cards out |
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Term
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Definition
| damages ($$$$), profits ($$$$), rescission (termination of contract--rescind) |
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Term
| Principal Duty to Reimburse |
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Definition
| payments made by agent while carrying out duties, torts committed by agent(instructed by principal), contracts entered into by agent as obligation |
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Term
| Principal Duty to Cooperate |
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Definition
| give agent OPPORTUNITY to fulfill duties, do NOT interfere with agent's duties (sabotage), NO compete with agents [w/o exclusive contract-principal can have more than one agent] |
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Term
| PA Relationships--ENDING by agent or principal |
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Definition
| term ends, purpose achieved, mutual agreement to terminate, agency AT WILL, wrongful termination (power but not right) |
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Term
| PA Relationships--ENDING no longer perform |
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Definition
| loss of qualification (license), bankruptcy, death or incapacity, disloyalty |
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Term
| PA relationships--ENDING change in circumstance |
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Definition
| change in law (legality), loss or destruction of subject matter |
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Term
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Definition
| either party can modify any of the terms or terminate the relationship altogether for any or no reason---exception of public policy |
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Term
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Definition
| Texas right to work laws: employment may not be conditioned or denied on basis of membership or non-membership in an union |
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Term
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Definition
| covers all rights and obligations within the employer-employee relationship (employees, job applicants, former employees) |
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Term
| National Labor Relations Act |
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Definition
| created to enforce labor laws |
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Term
| Family and Medical Leave Act (1993) |
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Definition
| You can get time off once a year for up to 12 weeks, do not get paid but will get your job back after the "leave" |
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Term
| Consolidated Omnibus Budget Reconciliation Act |
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Definition
| You are entitled for up to 18 months after you are fired to stay on the company's health plan |
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Term
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Definition
[race, ethnicity, gender, religion, origin]
firing you for refusing to break the law, firing you for using a legal right or attending to a legal duty. whistle-blowing (state protection varies, fed. protection if company is publically traded) |
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Term
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Definition
| must be in writing (statute of frauds) if it can't be performed in 3 years |
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Term
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Definition
| certain promises your employer makes are legally enforceable (employee handbook) |
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Term
| covenant of good faith & fair dealing |
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Definition
| (Some states) can't fire someone just because you want to |
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Term
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Definition
| if someone talks bad about you (references, job app) |
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Term
| intentional infliction of emotional distress |
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Definition
| almost impossible to win, applied for all the time |
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Term
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Definition
| Occupational Safety hazards act(1970): reduce workplace hazards and implement safety and health programs |
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Term
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Definition
| depends on the job--can test for alcohol and drug use, cannot ask you to submit to a lie detector test |
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Term
| electronic monitoring of the workplace |
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Definition
| 1986-electronic communications privacy act; assume they can look at anything you do on their network or machinery |
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Term
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Definition
| fair labor standards. minimum wage. worker's compensation (can't take workers comp and sue) |
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