agency correct answers a consensual relationship under which one person (agent/employee) acts on another's behalf (principal/employer) and subject to his/her control
when is this person allowed to act on my behalf and beholden to my instructions?
courts don't defer to the contract, they look ...
Agency and Employment Law || Already Passed.
agency correct answers a consensual relationship under which one person (agent/employee) acts
on another's behalf (principal/employer) and subject to his/her control
when is this person allowed to act on my behalf and beholden to my instructions?
courts don't defer to the contract, they look act what the relationship acts like bc employers
would always say they're an IC
independent contractor correct answers someone hired to perform a specific task
questions to differentiate btw employee/IC: correct answers 1. How much control does the
employer exercise over the details of the work?
2. Is the worker engaged in an occupation distinct from that of the employer?
3. How long is the person employed?
-indefinite period: employee
-short period: IC
4. How are they paid?
-regular basis: employee
-upon completion of task: IC
5. Is this type of work usually done under the employer's control?
-think of the general scenario, what sually happens,
ex: hire a group to build a porch, hand them nails, lots of control-employee, but usually IC
6. Does the employer supply the necessary tools for work?
-no: IC
-yes: employee
7. What degree of skill is required?
-very specialized: IC
How much control does the employer exercise over the details of the work? correct answers
more control: employee
less control: IC
is the worker engaged in an occupation distinct form that of the employer? correct answers same
job: employee
different job: IC
plumber at law firm: IC
full time janitor of law firm, 30 years: employee
vicarious liability: principal's liability for agent's conduct correct answers when are the actions of
a worker the responsibility of the principal?
varies depending on whether the agent is an employee or an IC
, tort liability: employee correct answers principal is liable for both intentional and negligent
conduct of employees while acting in the scope of employment
ex: construction worker dropping a brick on someone's head, not putting up a wet floor sign,
bartender punches customer, crash company vehicle on the job
employer not liable: when employee id driving to work, on lunch break (scope of employment)
principal is generalyl liable for their actions
exception: frolic
frolic and detour: correct answers activity occurring outside of the scope of employment
-only when the employee is on a frolic will the principal not be liable
detour: not 100% part of what you're supposed to be doing, but anticipated you do it (pull into
gas station to get a coke)
-accident as you pull into gas station; employer's responsibility
frolic correct answers principal isn't liable, something you shouldn't be doing on the job
ex: bus driver picks up friends
Not frolic: drinking on the job
typically jobs that involve driving
visiting friends, then car accident, deviated from the job
respondeat superior correct answers let the master reply, let him be responsible, another word for
vicarious liability
why is the principal responsible:
-it wouldn't have happened if they weren't employed, if they weren't doing the delivery, enjoy
benefits of employment, must be liable for consequences
-employers have no defense of I warned them, I trained them to drive carefully, once employee's
negligence is established, employer is strictly liable for employee's financial mistakes
tort liability: IC correct answers principal is generally not liable for torts by IC
(short term, for specific task, under less control, more independent)
exceptions:
-inherently dangerous activities (high likelihood others will be injured-not roofing)
-negligently hired IC (if IC harms someone employer can be responsible)
**no background on security guard-make sure they aren't felons, robs tenant, sue apartment
complex bc they were negligent in hiring
criminal liability correct answers businesses may also face cirminal liability for the acts of their
employees
-securities regulation
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