UNCW BLA 361 Final
Who is a respondeat superior? - ✔️✔️An employer is liable for the careless acts of an
employee (negligent acts) of the employees which occur within the scope of
employment
Doctrine stands for "make the master accountable" in Latin
What type of law is practiced in an employer - employee relationship? - ✔️✔️Tort law
Ex: respondeat superior
Ex: Hanson's furniture store: from Hank to the customer.
What is person - independent contractor relationship? - ✔️✔️The "agent" is not an
employee. Hired by principal to perform a certain task on his/her behalf.
Ex: Randy hires Hank's Roofing Company that hurts a victim on the way to randy's job.
Could that victim sue Randy?
What is the formation of a principal - agent relationship? - ✔️✔️1. Consent
(you have to have consent!)
2. Does a principal/agent relationship have to be in writing?
-No.
3. Can a minor be an agent?
-Yes.
4. Duties of an agent to a principal!
5. Duties of a principal to an agent
What is the statute of frauds? - ✔️✔️A law requiring contracts involving real property to
be in writing and to contain essential elements
Ex: - Real Estate (has to be in writing)
- Has to be a sale of goods over $500
- Has to be over a year
Agency Law: What are the three types of relationships? - ✔️✔️1. Principal/Agent
2. Employer - Employee
3. Person hires an independent contractor
Who is a principal? - ✔️✔️a person, legal or natural, who authorizes an agent to act to
create one or more legal relationships with a third party.
, Ex: Randy, who contacts an agent to sell his house with a third party seller (buyer).
Then you enter into a contract with the buyer.
What type of law is practiced in a principal/agent relationship? - ✔️✔️Contract law
What is an employer - employee relationship? - ✔️✔️also called the "master-servant"
relationship in older terminology, is a special type of agency relationship. Whether the
principal has the right to control the "physical conduct" or the "manner and means" of
the agent's work. If the principal does have this right (whether or not exercised), the
agent is an employee. One important consequence of designating an agent as an
employee rather than a non-employee agents is that the employer is liable for torts
committed by employees within the scope of their employment under the respondeat
superior doctrine.
Control over an employee
Does a principal/agent relationship have to be in writing? - ✔️✔️Does NOT have to be
in writing.
Doctrine: Statute of frauds tells us what kind of contracts have to be in writing.
- Real Estate (has to be in writing)
- Has to be a sale of goods over $500
- Has to be over a year
Can a minor be an agent? - ✔️✔️Yes, just the principal cannot be a minor.
Cannot dissolve liability because he's a minor.
What are the duties of an agent to the principal? - ✔️✔️- Fiduciary duty to the principal!
- What the agent owes to the client.
- Precious responsibility
- Good faith
- Loyalty
- Pass on all information and opportunities
- Follow all directives!
What are the duties of a principal to the agent? - ✔️✔️- No fiduciary duty to the agent!
- Compensation
- Reimbursement
- Facilitate success (can't be a roadblock to success!)
When is a principal liable? - ✔️✔️1. If there's authority present
2. The concept of ratification is present
Who is a respondeat superior? - ✔️✔️An employer is liable for the careless acts of an
employee (negligent acts) of the employees which occur within the scope of
employment
Doctrine stands for "make the master accountable" in Latin
What type of law is practiced in an employer - employee relationship? - ✔️✔️Tort law
Ex: respondeat superior
Ex: Hanson's furniture store: from Hank to the customer.
What is person - independent contractor relationship? - ✔️✔️The "agent" is not an
employee. Hired by principal to perform a certain task on his/her behalf.
Ex: Randy hires Hank's Roofing Company that hurts a victim on the way to randy's job.
Could that victim sue Randy?
What is the formation of a principal - agent relationship? - ✔️✔️1. Consent
(you have to have consent!)
2. Does a principal/agent relationship have to be in writing?
-No.
3. Can a minor be an agent?
-Yes.
4. Duties of an agent to a principal!
5. Duties of a principal to an agent
What is the statute of frauds? - ✔️✔️A law requiring contracts involving real property to
be in writing and to contain essential elements
Ex: - Real Estate (has to be in writing)
- Has to be a sale of goods over $500
- Has to be over a year
Agency Law: What are the three types of relationships? - ✔️✔️1. Principal/Agent
2. Employer - Employee
3. Person hires an independent contractor
Who is a principal? - ✔️✔️a person, legal or natural, who authorizes an agent to act to
create one or more legal relationships with a third party.
, Ex: Randy, who contacts an agent to sell his house with a third party seller (buyer).
Then you enter into a contract with the buyer.
What type of law is practiced in a principal/agent relationship? - ✔️✔️Contract law
What is an employer - employee relationship? - ✔️✔️also called the "master-servant"
relationship in older terminology, is a special type of agency relationship. Whether the
principal has the right to control the "physical conduct" or the "manner and means" of
the agent's work. If the principal does have this right (whether or not exercised), the
agent is an employee. One important consequence of designating an agent as an
employee rather than a non-employee agents is that the employer is liable for torts
committed by employees within the scope of their employment under the respondeat
superior doctrine.
Control over an employee
Does a principal/agent relationship have to be in writing? - ✔️✔️Does NOT have to be
in writing.
Doctrine: Statute of frauds tells us what kind of contracts have to be in writing.
- Real Estate (has to be in writing)
- Has to be a sale of goods over $500
- Has to be over a year
Can a minor be an agent? - ✔️✔️Yes, just the principal cannot be a minor.
Cannot dissolve liability because he's a minor.
What are the duties of an agent to the principal? - ✔️✔️- Fiduciary duty to the principal!
- What the agent owes to the client.
- Precious responsibility
- Good faith
- Loyalty
- Pass on all information and opportunities
- Follow all directives!
What are the duties of a principal to the agent? - ✔️✔️- No fiduciary duty to the agent!
- Compensation
- Reimbursement
- Facilitate success (can't be a roadblock to success!)
When is a principal liable? - ✔️✔️1. If there's authority present
2. The concept of ratification is present
