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UNCW BLA 361 Final
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BLA-361 Final Exam BLA 361 Final Exam North Carolina Pesti
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1. Principal/Agent
Agency Law: What are the three
2. Employer - Employee
types of relationships?
3. Person hires an independent contractor
a person, legal or natural, who authorizes an agent to act to
create one or more legal relationships with a third party.
Who is a principal?
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 Contract law
a principal/agent 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
What is an employer - employee employee. One important consequence of designating an agent
relationship? 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
An employer is liable for the careless acts of an employee
(negligent acts) of the employees which occur within the scope
Who is a respondeat superior? of employment
Doctrine stands for "make the master accountable" in Latin
Tort law
What type of law is practiced in
an employer - employee
Ex: respondeat superior
relationship?
Ex: Hanson's furniture store: from Hank to the customer.
, The "agent" is not an employee. Hired by principal to perform a
certain task on his/her behalf.
What is person - independent
contractor relationship?
Ex: Randy hires Hank's Roofing Company that hurts a victim on
the way to randy's job. Could that victim sue Randy?
1. Consent
(you have to have consent!)
2. Does a principal/agent relationship have to be in writing?
What is the formation of a -No.
principal - agent relationship? 3. Can a minor be an agent?
-Yes.
4. Duties of an agent to a principal!
5. Duties of a principal to an agent
A law requiring contracts involving real property to be in writing
and to contain essential elements
What is the statute of frauds?
Ex: - Real Estate (has to be in writing)
- Has to be a sale of goods over $500
- Has to be over a year
Does NOT have to be in writing.
Does a principal/agent Doctrine: Statute of frauds tells us what kind of contracts have to
relationship have to be in be in writing.
writing? - Real Estate (has to be in writing)
- Has to be a sale of goods over $500
- Has to be over a year
Yes, just the principal cannot be a minor.
Can a minor be an agent?
Cannot dissolve liability because he's a minor.
- Fiduciary duty to the principal!
- What the agent owes to the client.
- Precious responsibility
What are the duties of an agent
- Good faith
to the principal?
- Loyalty
- Pass on all information and opportunities
- Follow all directives!
- No fiduciary duty to the agent!
What are the duties of a - Compensation
principal to the agent? - Reimbursement
- Facilitate success (can't be a roadblock to success!)
1. If there's authority present
When is a principal liable?
2. The concept of ratification is present
1. actual/express authority
What are the three types of
2. implied authority
authority?
3. apparent authority
Runs from the principal directly to the agent.
What is actual/express
authority?
Ex: over $20K/BMW
Implied to facilitate a successful contract
What is implied authority?
Ex: showing the interior of a house/test driving a car.
UNCW BLA 361 Final
Save
Students also studied
Flashcard sets Study guides Practice tests
BLA-361 Final Exam BLA 361 Final Exam North Carolina Pesti
120 terms 98 terms 193 terms
Zachary_Castor4 Preview sydney_davis848 Preview Preview
1. Principal/Agent
Agency Law: What are the three
2. Employer - Employee
types of relationships?
3. Person hires an independent contractor
a person, legal or natural, who authorizes an agent to act to
create one or more legal relationships with a third party.
Who is a principal?
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 Contract law
a principal/agent 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
What is an employer - employee employee. One important consequence of designating an agent
relationship? 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
An employer is liable for the careless acts of an employee
(negligent acts) of the employees which occur within the scope
Who is a respondeat superior? of employment
Doctrine stands for "make the master accountable" in Latin
Tort law
What type of law is practiced in
an employer - employee
Ex: respondeat superior
relationship?
Ex: Hanson's furniture store: from Hank to the customer.
, The "agent" is not an employee. Hired by principal to perform a
certain task on his/her behalf.
What is person - independent
contractor relationship?
Ex: Randy hires Hank's Roofing Company that hurts a victim on
the way to randy's job. Could that victim sue Randy?
1. Consent
(you have to have consent!)
2. Does a principal/agent relationship have to be in writing?
What is the formation of a -No.
principal - agent relationship? 3. Can a minor be an agent?
-Yes.
4. Duties of an agent to a principal!
5. Duties of a principal to an agent
A law requiring contracts involving real property to be in writing
and to contain essential elements
What is the statute of frauds?
Ex: - Real Estate (has to be in writing)
- Has to be a sale of goods over $500
- Has to be over a year
Does NOT have to be in writing.
Does a principal/agent Doctrine: Statute of frauds tells us what kind of contracts have to
relationship have to be in be in writing.
writing? - Real Estate (has to be in writing)
- Has to be a sale of goods over $500
- Has to be over a year
Yes, just the principal cannot be a minor.
Can a minor be an agent?
Cannot dissolve liability because he's a minor.
- Fiduciary duty to the principal!
- What the agent owes to the client.
- Precious responsibility
What are the duties of an agent
- Good faith
to the principal?
- Loyalty
- Pass on all information and opportunities
- Follow all directives!
- No fiduciary duty to the agent!
What are the duties of a - Compensation
principal to the agent? - Reimbursement
- Facilitate success (can't be a roadblock to success!)
1. If there's authority present
When is a principal liable?
2. The concept of ratification is present
1. actual/express authority
What are the three types of
2. implied authority
authority?
3. apparent authority
Runs from the principal directly to the agent.
What is actual/express
authority?
Ex: over $20K/BMW
Implied to facilitate a successful contract
What is implied authority?
Ex: showing the interior of a house/test driving a car.
