(C) may determine whether a person working for a business is an employee or an independent contractor. A primary ancillary relationship arises when an employer hires an employee and gives them the power to act and enter into contracts on their behalf. A) Donna is not liable under the contract, as she only acted as an agent. (E) pay the agent even if the agent has not achieved the result required under a contingency fee agreement. B) The customer may be held liable for the contract, but only if the contractor was implicitly authorized to conclude the contract. An agent whose reimbursement depends on maintaining the power to act as an agent has an agency associated with an interest if he has an interest in the business. A literary or author agent, for example, usually agrees to sell a literary work to a publisher in exchange for a percentage of all the money the author earns by selling the work. The documentation agent also acts as a collection agent to ensure that his commission is paid. By agreeing with the Client that the Agency is associated with an interest, the Agent may prevent the termination of its own rights in a particular literary work to its detriment. Which of the following tasks is not an obligation that the client owes to the representative in an agency relationship? Which of the following statements generally applies to the liability of a principal for the tort of a representative and the liability of a representative for the tort of a principal? Ann contractually agreed to be Paul`s agent for the sale of Paul`s house. The contract stipulates that the duration of this agency is 120 days.
During the first week, Ann has found a potential buyer and is involved in negotiations. The following week, Paul tells Ann that he is terminating the arrangement, but Ann negotiates a sale with the potential buyer. These negotiations became very tense, and Ann became frustrated by the buyer`s reluctance to get closer to the price and slapped the buyer in the face, hurting him. Since the buyer loved the house very much, Ann and the buyer negotiated a contract. Discuss legal issues in this situation. C) The Contractor is responsible for its own unauthorized conduct. The extent to which an agent discloses the agency relationship affects contractual liability: Which of the following statements applies to the criteria used to determine whether a client is responsible for the intentional tort of his agent? An organization may be designed to terminate when an event beyond the control of the agent or principal occurs. In a power of attorney relationship, the agent is called this: not all service contracts necessarily create a master-servant relationship. An important distinction is made between the status of agent and that of independent contractor.
According to section 2 of section 2 of the Agency, “an independent contractor is a person who enters into a contract with another person to do something for that person, but who is neither controlled by the other nor subject to the right of the other to control his or her physical conduct in the performance of the business.” As the name suggests, the independent contractor is legally autonomous. A plumber employed for a contractor is an employee and representative of the contractor. But a plumber who commits to repairing pipes in people`s homes is an independent contractor. If you hire a lawyer to resolve a dispute, that person is not your employee or agent; He is an independent contractor. The terms “agent” and “independent contractor” are not necessarily mutually exclusive. In fact, by definition,. an independent contractor is an agent in the broad sense of the term who undertakes to do something for the other at the request of another. As a general rule, the dividing line between an independent contractor and a staff member is not clearly drawn. 1. Flick v. Crouch, 434 p.2d 256, 260 (OK, 1967).
If the client refers to someone as an “independent contractor”, this conclusively determines whether the status of an independent contractor exists. The most important factor in determining whether a person providing services to another person is an independent contractor is the degree of control that the hiring party exercises over the party performing the work. The Representative General has the authority to carry out a wide range of transactions in the name and on behalf of the principal. The general agent may be the manager of a company or have a more limited but ongoing role – for example, as a buyer or as a life insurance agent authorized to register customers for the home office. In both cases, the general representative is entitled to modify the customer`s legal relationship with third parties. Someone who is appointed as the general representative has the power to act in any manner necessary for the affairs of the principal. In order to limit the powers of the general agent, the procuring entity must expressly state the restrictions, and yet the procuring entity may be held liable for any act of the representative that goes beyond its powers. A) a written agreement between the Client and the Entrepreneur. D) In both criteria, the applicant must also prove that the agency has been fully disclosed in order to recover.
Under customary law, a client is generally not responsible for injuries caused by his or her representatives and employees on the way to or from work. A power of attorney _______________ Suppose Tom hires Mike as an independent “security guard” contractor for his apartment complex, but doesn`t conduct a background search that would have revealed Mike`s previous beliefs about “sexual predator.” If Mike attacks Kathy, a tenant, Tom wouldn`t be responsible because Mike is an independent contractor. By proxy by ratification, the client is obliged to execute and the entrepreneur is released from any liability for false declarations. A confiscation agency occurs when a client gives the appearance of an agency that does not actually exist. Mike, a league official, calls Beth and asks her to referee a football game. .