Key Terms #8

Question 0

Apparent authority

Answer 0

Authority that is only apparent, not real. An agents apparent authority arises when the principal causes a third party to believe that the agent has authority, even though he or she does not.

Question 1

Agency

Answer 1

A relationship between two parties in which one party (the agent) agrees to represent or act for the other (the principal).

Question 2

Collective bargaining

Answer 2

The process by which labor and management negotiate the terms and conditions of employment, including working hours and workplace conditions.

Question 3

Constructive discharge

Answer 3

A termination of employment brought about by making the employees working conditions so intolerable that the the employee reasonably feels compelled to leave.

Question 4

Disclosed principal

Answer 4

A principal whose identity is known to a third party at the time the agent makes a contract with the third party

Question 5

Employment discrimination

Answer 5

Treating employees or job applicants unequally on the basis of race, color, national origin, religion, gender age, or disability.

Question 6

Employment at will

Answer 6

A common law doctrine under which either party may terminate an employment relationship at anytime for any reason, unless a contract specifies otherwise.

Question 7

Equal dignity rule

Answer 7

A rule requiring that an agents authority be in writing if the contract to be made on behalf of the principal must be in writing

Question 8

Fiduciary

Answer 8

As a noun, a person having a duty created by his or her undertaking to act primarily for another’s benefit in matters connected with the undertaking. As an adjective, a relationship founded on trust and confidence.

Question 9

Independent contractor

Answer 9

One who works for and receives payment from, an employer but whose working conditions and methods are not controlled by the employer. An independent contractor is not an employee but possibly an agent.

Question 10

Partially disclosed principal

Answer 10

A principal whose identity is unknown by a third party, but the third party knows that the agent is or may be acting for a principal at the time the agent and the third party form a contract

Question 11

Power of attorney

Answer 11

Authorization for another to act as ones agent or attorney in either specified circumstances (special) or in all situations (general)

Question 12

Protected class

Answer 12

A group of persons protected by a specific laws because of the groups defining characteristics, including race, color, religion,national origin, gender age, and disability.

Question 13

Ratification

Answer 13

A party’s act of accepting or giving legal force to a contract or other obligation entered into by another that previously was not enforceable

Question 14

Right to work law

Answer 14

A state law providing that employees

May not be required to join a union as a condition of retaining employment

Question 15

Respondeat superior

Answer 15

A doctrine under which a principal or an employer is held liable for the wrongful acts committed by agents or employees while acting within the course and scope of their agency or employment

Question 16

Undisclosed principal

Answer 16

A principal whose identity is unknown by a third party, and that person has no knowledge that the agent is acting for a principal at the time the agent and the third party form a contract

Question 17

Vicarious liability

Answer 17

Indirect liability imposed on a supervisory party (such as an employer) for the actions of a subordinate (such as an employee) because of the relationship between the two parties

Question 18

Workers compensation laws

Answer 18

State statutes that establish an administrative process for compensating workers for injuries that arise in the course of their employment, regardless of fault

Question 19

Wrongful discharge

Answer 19

An employers termination of an employees employment in violation of the law or an employment contract