Agency Law
What are the essential differences among the relationships of principal and agent, employer and employee and employer and independent contractor?
Under contract law, the employer is referred to as the principal and the employee is referred to as the agent. Regardless of whether the agent is the employee of the principal or is an independent contractor for the principal, the same principles apply in holding the principal liable on contracts to third parties. In contrast, employer/employee relationships and employer/independent contractor relationships typically apply in tort law.
The difference between an employee and an independent contractor is that the principal or employer has the right to control the manner and the method by which the person performs his tasks. (Community for Creative Non-Violence v. Reid, 490 v. U.S.730 (1989). Independent contractors typically control their own schedules and progress on a work assignment.
Identify, define and discuss the categories of authority by which an agent can bind a principal and a third party in contract.
Generally, a person is not responsible for the acts of another who assumes to represent him. He will be held liable only if he has made the other his...
Such authority can arise in three ways: (1) through actual authority granted by the principal to the agent; (2) through apparent authority arising from the principal's holding out of another as his agent to third parties; and (3) through ratification authority, power given after the act has been performed. If one of the three above-mentioned types of authority exists, then the principal is liable to the third party in contract.
Actual authority is authority that the agent reasonably thinks she possesses based on the principal's dealings with her. In determining whether the agent had actual authority, we need to look at (1) whether the requisite formalities, if any have been met; (2) what type of actual authority (express or implied) is present; and (3) whether the authority has been terminated.
Express authority is that authority contained within the four corners of the written or oral agency agreement between the principal and the agent. Implied authority is authority that the agent reasonably believes she has based on the actions of the principal. Examples of implied authority are (1) implied when it is the custom and usage of a particular business; (2) implied that results from the…
Law and Society The Nature of Law and Justice - Sadomasochism Sadomasochism presents the complexities and nuances involved in the nature of law and justice. In its purest definition, socially and legally, sadomasochism is a consensual act. There may even be actual contracts involved. However, this presentation shows that just because there is consent to the act, doesn't mean that the dominant can get away with anything. In cases in which the
I just like accumulating knowledge and my professional career has shown that you never can really know where you will be needing parts of that knowledge: I worked as a machinist for some time, but then I was able to promote because of the additional knowledge I had gained in the meantime. I hope that the education I will receive in law school would help improve my knowledge portfolio to
Law and Philosophy Holmes' "bad man" theory offers insight into the difference between the law and morality. The bad man is not concerned with morality but he is as concerned about the law as any "good" man because in knowing the law, he can avoid getting into trouble. The bad man would lie, cheat, and/or steal if it weren't against the law because he cares not for the morals that underlie
Oliver Wendell Holmes states that justice is subjective and changes according to the viewer's prejudice, viewpoint or social affiliation. But a set of rules is needed to make society function and these rules must be carried out. This philosophy of law applies to Ann Hopkins' case. The senior partner and admissions committee had the prerogative of setting out the rules with which partners should be selected. Their sense of justice
However, Erin Brockovich the movie has a very different ending than the actual civil action under tort law brought against California's Pacific Gas and Electric Co. The Hollywood ending would have been preferable, however life is just not that simple and a tort law case against such a company is really a long, tiring legal battle. The 1993 legal dispute from Hinkley was resolved by arbitrage and at first
The fact that a guard was able to take information from a prisoner's cell, and give it to prosecutors is a clear violation of basic procedures. As a result, greater amounts of oversight are required to prevent these issues from becoming a problem in the future. ("Deon Christopher Carter v State of Maryland," 2003) Conclusion Clearly, the evidence that was collected from Jones' cell is a violation of the Sixth Amendment.