EMPLOYMENT 02 Flashcards
Agent’s Duty of Loyalty
A fiduciary duty owed by an agent not to act adversely to the interests of the principal.
Respondeat Superior
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.
Frolic and Detour
A ituation in which an agent does something during the course of his or her employment to further his or her own interests rather than the principals.
Coming and Going Rule
A rule that says a principal is generally not liable for injuries caused by its employees while they are on their way to or from work.
Dual-purpose Mission
An errand or another act that a principal requests of an agent while the agent is one her own personal business.
Motivation Test
A test that determines whether an agent’s motivation is committing an intentional tort is to promote the principal’s business; if so, the principal is liable for any injury caused by the tort.
Work-related Test
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.
Intentional Misrepresentation
A deceit in which an agent makes an untrue statement that she knows is not true.
Fully Disclosed Agency
An agency in which a contracting third party knows 1. that the agent is acting for the principal and 2. the identity of the principal.
Partially Disclosed Agency
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.
Undisclosed Agency
An agency is which a contracting third party does not know of either the existence of the agency or the principal’s identity.
Implied Warranty of Authority
A warranty of an agent who enters into a contract on behalf of another party that she has the authority to do so.
Ratification
A situation in which a principal accepts an agent’s unauthorized contract.
Independant Contractor
“A person who contracts with another to do something for him who is not contolled by the other nor the subject to the other’s right to control with respect to his physical conduct in the performance of the undertaking.
