5 Written Questions
5 Matching Questions
- Employer-Employee or Independent Contractor?
- Contractual Liability of Agent to 3rd Party - Is A personally liable to 3rd party under contract negotiated for P?
- Principle (P)
- GENERAL RULE
- Termination by Acts of Parties
- a Employer (P) IS LIABLE for a tort committed by his or her Employee (A) if the tort was WITHIN THE SCOPE OF THE EMPLOYEE"S EMPLOYMENT
- b ✦ If Employer-Employee = GENERAL RULE
✦ If Independent Contractor = then "boss" is not liable for independent contractor's actions
- c ✦ Depends
1) Disclosed Principal
2) Undisclosed Principal
- d 1) Completion
- e ✦ Person who has somebody else work (act) for him/her
5 Multiple Choice Questions
- ✦ When is "boss" responsible for paying employment taxes on workers
✦ 20 Factor Test - but not 1 factor is determinate
- 1) Incapacity?
✦ If Durable Gen or Special = not terminated
✦ If Plano Gen or Special = yes, terminated
- ✦ Texas - GENERAL RULE - person is not within scope of employment while commuting to and from work
- 1) How is principal-agency relationship created?
2) What is power of attorney? What are the types?
3) What contractual liability can agent create for his principle?
4) What tort liability can agent create for his principle?
5) What is an independent contractor?
- ✦ Work expressly directed to be performed
✦ Work reasonably incidental to work expressly directed
5 True/False Questions
Vicarious Liability or Respondeat Superior → Principle is not liable because of what Principle did, but because P's Agent did something for which P is held responsible
20 Factor Test → 1) Instructions, 2) Training, 3) Integration, 4) Services Rendered Personally, 5) Hiring, Supervising, & Paying, 6) Continuing Relationship, 7) Set Hours of Work, 8) Full-Time Required, 9) Doing Work on Employer's Premises, 10) Order or Sequence Set, 11) Oral or Written Reports, 12) Payment by Hour, Week, or Month, 13) Payment of Business and/or Traveling Expenses, 14) Furnishing Tools and Materials, 15) Significant Investment, 16) Realization of Profit or Loss, 17) Working for More Than One Firm at a Time, 18) Making Service Available to General Public, 19) Right to Discharge, 20) Right to Terminate
Tort Liability of P for A's Actions → ✦ By acts of parties
✦ By operation of law
Can Agent Contractually Obligate Principle? → ✦ Fiduciary Duty
1) Obedience - if legal
2) Reasonable care
4) Duty to account for $
5) Duty to notify regarding changed customers
How is principal-agency relationship created? → ✦ Fiduciary Duty
✦ Follow the Rules - MLB - drug testing & replay