Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

BL 3305 > EXAM 4 > Flashcards

EXAM 4 Flashcards

1
Q

When Principal acts on their own behalf, who is liable?

A

The Principal is ALWAYS liable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Agency Agreement is where:

A

The employee gets authority from their employer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Who does a 3rd Party Contract happen between

A

Principal and 3rd Party

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

3 Types of Authority

A

Express, Implied, Apparent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Express Authority

A

Oral or Written Authority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

When does Express Authority happen

A

For specific events or for a long time

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Implied Authority

A

Implied from express authority or actions from Principal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

When is an agent NOT bound to the contract?

A

When they are acting within their actual authority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

2 Requirements for Apparent Authority:

A

Principal and Agent known relationship, 3rd Party reasonably believes Agent has actual authority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

When looking objectively at apparent authority, we must look at the situation from the perspective of the __________

A

3rd Party

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Agent can be liable to Principal for

A

Breach of Duty of Obedience

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Apparent Authority can exist when:

A

Fired/Quit, 3rd Party unaware, Agency Agreement not terminated due to death, Agent exceeds actual authority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

How apparent authority is cut off:

A

Death/Incapacity of Principal, Principal must notify in order to cut off

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Actual Authority is terminated earlier for death/incapacity if:

A

Agent is given notice of death/incapacity or reasonable time has passed since last communication

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

2 Types of Notice

A

Actual, Constructive

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Actual Notice is required when:

A

3rd Party has dealt with Agent before to contract w Principal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Actual Notice can be _______________ but it must be _______________

A

Oral or written; CLEAR

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Constructive Notice Example

A

Newspaper, Journal Ad

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Constructive Notice required for:

A

Current customers (didn’t deal w Agent), Non-customers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Ratification occurs when

A

Agent enters into a contract on Principal’s behalf w neither actual nor apparent authority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Ratification can be

A

Express (oral/written) or Implied (accept benefits of contract)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

If ratified, when is the Principal liable?

A

BEGINNING OF THE CONTRACT

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Requirements for ratification

A

ENTIRE contract must be ratified before the 3rd party withdraws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Can ratifications be revoked?

A

NO

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

3 Types of Principals

A

Disclosed, Partially Disclosed, Undisclosed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Actual Authority, Disclosed

A

P – TP: bound

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Actual Authority, Partially Disclosed

A

P – TP: bound
A – TP: bound
P – A: reimbursement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Actual Authority, Undisclosed

A

P – TP: bound
A – TP: bound
P – A: reimbursement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Apparent Authority, Disclosed

A

P – TP: bound
P – A: indemnity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Apparent Authority, Partially Disclosed

A

P – TP: bound
A – TP: bound
P – A: indemnity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Apparent Authority, Undisclosed

A

NONE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

No Actual or Apparent Authority, Disclosed

A

A – TP: liable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

No Actual or Apparent Authority, Partially Disclosed

A

A – TP: bound

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

No Actual or Apparent Authority, Undisclosed

A

A – TP: bound

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

2 Types of Torts involving P and A:

A

P authorizes A’s tort, P does NOT authorize A’s tort

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

If P authorizes A’s tort, who is liable?

A

P if A is an AGENT, A can also be held liable but has the right to indemnification

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

Authorized torts can be:

A

Intentional, Strict Liability, Negligence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

If P does not authorize A’s tort, they can still be held liable under

A

Respondeat Superior if A is acting within the scope of their employment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

Respondeat Superior in Latin means

A

The master must answer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

Scope of employment:

A

Work assigned or things done while on the clock

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

If employee was not within the scope of employment, they are said to be

A

On a frolic

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

P can also be held liable if:

A

Authorized tort, Their negligence was the cause of the tort, Strict Liability situations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

For employer to assert defense for sexual harassment

A

No tangible adverse employment action was taken against harassed employee, employer had no knowledge, employer took immediate action to rectify

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

Is actual knowledge of harassment required?

A

NO

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

Immediate action could entail:

A

Separating employees, Halt to conduct, Firing harasser, Security for harassed employee

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

Hostile Work Environment

A

Reasonably interferes with an individual’s work performance OR creating “an intimidating, hostile or offensive” working environment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

Notes to Hostile Work Environment

A

Does not have to be sexual, doesn’t have to be pointed at employee, needs to be consistent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

Requirements of Hostile Work Environment

A

P was employee, advance was unwanted, harasser was employee/IC/vendor, employer knew or should’ve known of conduct

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
49
Q

Employer’s Defense for Sexual Harassment

A

Disprove a requirement, Assert and prove defense

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
50
Q

Requirements to be eligible to assert the Defense (harassment)

A

No tangible adverse employment action, Employer tried to stop, Employee didn’t do anything (UNREASONABLY) to help themselves

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
51
Q

Age Discrimination in Employment Act of 1967

A

No discrimination in age for employment decisions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
52
Q

What does the Age Act typically prohibit?

A

Mandatory Retirement

53
Q

Defenses to Age Act

A

BFOQ, Seniority, Merit, “Reasonable” Reason

54
Q

What age requires a notice about others their age being let go?

A

> 40

55
Q

Americans with Disabilities Act of 1990

A

Cannot be discriminated against if they have disability or handicap

56
Q

Disability is

A

Physical/Mental impairment impairs 1+ life functions, History of disability, regarded as having a disability

57
Q

What category of disability is protected but cannot be used on job

A

Recovering Addicts

58
Q

Private employers must have _______ employees to be held liable for disability discrimination

A

15+ employees

59
Q

Reasonable Accommodation

A

Applicant meets reasonable requirements, can perform essential functions with accomodations

60
Q

Reasonable Accommodations do not have to be granted if

A

It causes undue hardship

61
Q

Undue Hardship

A

SIgnificant difficulty or expense

62
Q

If an employee wants an accommodation, they must

A

Disclose that they have a disability

63
Q

Can an employer require a drug test?

A

No, but application process does not have to continue

64
Q

Employer will be liable if employee is fired in violation of an:

A

Express contract, Implied Employment contract, Statute

65
Q

Who gets overtime pay?

A

Non-Exempt Employees

66
Q

To be exempt:

A

Make over $35k, salary regardless of quantity worked, manage 2+ people

67
Q

Warn Act

A

Requires 60 days notice of layoffs

68
Q

Required Warn Act

A

Employers with > 100 “full time” employees AND firing >50 employees at one location

69
Q

Entities can only act

A

Through Agents

70
Q

3 Types of Agents

A

Employees, IC, Power of Attorney

71
Q

Law of Agency

A

Rules that govern the relationship, authority of agents, liability

72
Q

3 Types of Authority

A

Broad, Middle, Narrow

73
Q

Why would a 3rd Party want an IC to be an employee?

A

So that the Principal is liable for the tort

74
Q

Most important factor that court weighs

A

Right to control

75
Q

“How” to do the job is related to a

A

Employee

76
Q

Other factors the court weighs

A

Exclusive work, equipment, skill, payment, when paid, permanency of job, integral job, profit/loss

77
Q

3 Requirements for Agency Relationship existence

A

Agreement, P has some control over actions, worker will act on behalf of P

78
Q

Principal liable if contract is signed by

A

AGENT

79
Q

Form of the Agency Agreement

A

Oral, Written, Implied or a combo of these

80
Q

Duties of Obedience

A

Act as authorized, lawful in their actions

81
Q

Duties of Good Conduct/Diligence

A

Reasonably, carefully, competently

82
Q

Duties to Inform/Notify Principal

A

Relevant info, conflicts of interest

83
Q

Notice to Agent is

A

Notice to Principal

84
Q

Duties to Account to Principal

A

Money/Property received/paid, no comingling of assets

85
Q

Fiduciary Duties

A

Loyalty, no competing, maintaining confidential info

86
Q

Agent can work w P and TP if

A

Fully disclose and both parties give informed consent

87
Q

If Agent breaches duty, who is liable?

A

Agent for damages to the Principal

88
Q

Duty of Compensation

A

P needs to pay A

89
Q

Duty of Reimbursement

A

For “authorized” payments made by Agent on behalf of the Principal

90
Q

Duty of Indemnification

A

P makes A “whole”

91
Q

Duty of Good Faith

A

Act in good faith towards A

92
Q

Duties of Employer

A

Imposed by tort law

93
Q

2 Ways to Terminate Agency Relationship

A

Agreements or Operation of Law

94
Q

If Agency Relationship is irrevocable:

A

P cannot terminate relationship without consent from A

95
Q

EEOC stands for

A

Equal Employment Opportunity Commission

96
Q

Where does EEOC get their authority?

A

Congress

97
Q

EEOC Job

A

Process, Interpret, Investigate, Hear, Rule based on Fed Employment Law

98
Q

EEOC Process

A
  1. File inquiry
  2. File Charge
  3. Investigation
  4. Hearings/Ruling
  5. Notice of Right to Sue
99
Q

Plaintiff needs to file charge before ___________________

A

filing a lawsuit for all claims

100
Q

Exception to filing a charge before lawsuit

A

Equal Pay Act

101
Q

Deadline to file for EEOC process

A

180-300 days from incident, much shorter time period

102
Q

When does one need to file to sue after EEOC process

A

Within 90 days

103
Q

Civil Rights Act of 1964 protects against discrimination for

A

Race, Color, Gender, Religion, National Origin

104
Q

What is not protected under the CRA1964

A

Age, Disability

105
Q

If an employee files a claim against an employer, the employer

A

CANNOT RETALIATE under CRA 1964

106
Q

Title VII allows discrimination that

A

Doesn’t affect employment

107
Q

CRA1964 applies to

A

Businesses affecting commerce and having >15 employees, all govt entities

108
Q

Is paid leave required under the Pregnancy Act 1978?

A

NO

109
Q

Disparate Treatment

A

Employer intentionally discriminates

110
Q

Process under CRA1964

A

Plaintiff makes a Prima Face Showing, Employer Defends, Plaintiff proves merely a pretext or mixed motives from employer

111
Q

Does employee have to prove malice under CRA1964

A

NO

112
Q

Employer must prove under CRA1964

A

Legit reason or defense under act

113
Q

Compensation System based on Performance Results must be

A

OBJECTIVE

114
Q

What does Bona Fide Occupation Qualification NOT apply to

A

Race

115
Q

BFOQ can apply to

A

Authenticity, Privacy, Safety

116
Q

What has to be a motivating factor for employee to prevail under CRA1964

A

Illegal Reasons

117
Q

If pretext is proven,

A

Employer can appeal

118
Q

If pretext is NOT proven,

A

Employee can appeal

119
Q

Seniority System Violates CRA1964 if

A

Protected class was originally excluded from the position

120
Q

Disparate Impact

A

Adversely affect a protected class, not impacting business

121
Q

Examples of discrimination under Disparate Impact

A

Height, Weight, Strength

122
Q

What is available under Disparate Impact only

A

Business Necessity

123
Q

Business Necessity requirements:

A

Requirements and job itself reasonably necessary for business

124
Q

5 Remedies for Violation of CRA1964

A

Injunction, Reinstatement, Payment of Back Pay, Money, Affirmative Action

125
Q

What does not have to file under EEOC

A

Equal Pay Act

126
Q

Equal Pay Act relates to

A

Discrimination based on payment between genders

127
Q

2 Types of Sexual Harassment

A

Quid Pro Quo, Hostile Work Environment

128
Q

Employer can defend themselves for sexual harassment claims by

A

Disproving one of the requirements, prove defense

BL 3305 (8 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions