5 Written questions
5 Matching questions
- Termination by Operation of Law
- Actual Authority
- 2 Types of Authority
- GENERAL RULE
- a 1) Incapacity?
✦ If Durable Gen or Special = not terminated
✦ If Plano Gen or Special = yes, terminated
- b ✦ Relationship between Principle and Agent. Agent acts under Principle's authority.
✦ Vertical Authority
1) Express - clear, unequivocal authorization
2) Implied - everything reasonably and customarily necessary
- c 1) Actual
- d ✦ Texas - GENERAL RULE - person is not within scope of employment while commuting to and from work
- e 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
5 Multiple choice questions
- ✦ Work expressly directed to be performed
✦ Work reasonably incidental to work expressly directed
- 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?
- 1) Completion
- 1) Employment
2) Powers of Attorney
- ✦ When is "boss" responsible for paying employment taxes on workers
✦ 20 Factor Test - but not 1 factor is determinate
5 True/False questions
Duties of Principle to Agent → ✦ Fiduciary Duty
1) Obedience - if legal
2) Reasonable care
4) Duty to account for $
5) Duty to notify regarding changed customers
20 Factor Test → 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
Fiduciary Duty → 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
Tort Liability of P for A's Actions → ✦ By acts of parties
✦ By operation of law
Disclosed Principal → ✦ 3rd Party knows or reasonably should have known A is P's agent
✦ Agent has no liability (personal) for broken contract