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Chapter 19
Agency
18
Business
2nd Grade
04/28/2011

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Cards

Term
Agency relationships usually involve..
1.
2.
Definition
1. Employer-Employee
2. Employer-Independent Contractor
Term
What is the difference between Employees and Independent Contractors?
Definition
Employees are hired for a process and an outcome.
Independent Contractors are hired for an outcome.
Term
Example of Employee
Definition
Starbucks Barista
Term
Example of Independent Contractor
Definition
Lawyer
Term
According to reviewing courts, some of the key factors that make someone an employee include...
1.
2.
3.
4.
5.
6.
Definition
1. Control
2. Type of Work
3. Supervision
4. Tools
5. Length of Performance
6. Method of Payment
Term
5 Types of Creation of the Agency Relationship
1.
2.
3.
4.
5.
Definition
1. By Agreement
2. By Ratification
3. By Estoppel
4. By Necessity
5. By Operation of Law
Term
By Agreement
Definition
The hiring or appointment process
Term
By Ratification
Definition
A later approved act that was originally unauthorized
Term
By Estoppel
Definition
*Due to the principals "cloaking" the agent in more authority than the agent has.
*Involves the reasonable reliance on the agent's authority.
Term
By Necessity
Definition
For emergency situations
Term
By Operation of Law
Definition
Spouses can bind each other in teh absence of the other.
Term
Example of Ratification
Definition
If John told Georgia to take care of things while he was out of town. I ask for raise and Georgia promises it to me. Georgia does not have the authority.
Term
Example of Necessity
Definition
If neighbors house in fire and you take out furniture and put in storage unit. Neighbor is responsible for paying back for storage unit.
Term
Example of Operation of Law
Definition
If im out of town, my husband has right to all my money.
Term
Types of Authority an Agent has...
1.
2.
3.
Definition
1. Express Authority
2. Implied Authority
3. Apparent Authority
Term
Express Authority
*
*
Definition
*Often contractually defined
*Dosnt have to be in writing
Term
Example of Express Authority
*
*
Definition
*Employment Contract
*Power of Attorney
Term
Implied Authority
*
Definition
*Often determined by custom
*What is necessary to carry out the express authority?
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