Agency Formation & Duties
Characterization of a worker when the hiring party exercises a considerable amount of control over details of the work.
What is an employee?
Legal doctrine that exposes an employer to liability for a tort committed by an employee while acting within the "scope of employment."
What is the Doctrine of Respondeat Superior?
The five protected classes under Title VII of the Civil Rights Act of 1964.
What are (1) race; (2) color; (3) national origin; (4) religion and (5) gender?
The three main types of legal systems in the world.
What are 1) common law, 2) civil law, and 3) Islamic law?
Two types of business forms that can be created without any legal formalities.
What are sole proprietorships and general partnerships?
A relationship involving trust and confidence.
What is a fiduciary relationship?
When the contract must be in writing, so must the agent's authority.
What is the equal dignity rule?
The doctrine where either party may terminate an employment relationship at any time for any reason.
What is the employment at will doctrine?
The higher legal authority that all countries must follow.
What is none?
Advantage for buyer of established franchise.
What is existing trademarks and familiarity by consumers?
Created when principal acts in such a way that causes a third party to have a reasonable belief that the agent had authority to act on behalf of the principal.
What is agency by estoppel/apparent authority?
Where an unforeseen emergency demands action by the agent, which binds the principal.
What are emergency powers?
The federal minimum wage since 2009.
What is $7.25?
The three sources of international law.
What are 1) international customs, 2) treaties/international agreements, and 3) international organizations?
How a general partnership is taxed.
What is taxed as a pass-through entity?
An agent's duties to the principal.
What are the duties of (1) performance; (2) notification; (3) loyalty; (4) obedience; and (5) accounting?
The 5 ways agency may be terminated by act of the parties.
What are lapse of time, purpose achieved, occurrence of specific event, mutual agreement, and option of one party?
An employer's defense when an employee's gender or religion is essential to the job.
What is a a bona fide occupational qualification (BFOQ)?
Legal reciprocity when one nation defers to legal decrees of other countries.
What is the principle of comity?
How a limited partner becomes liable for partnership debts like a general partner.
What is when the limited partner participates in the management of the partnership?
The principal's duties to the agent.
What are (1) compensation; (2) reimbursement and indemnification; (3) cooperation; and (4) safe working conditions?
The 5 ways agency can be terminated by operation of law.
What are death/insanity, impossibility, changed circumstances, bankruptcy, and war?
Occurs when an employer's employment practices result in a discriminatory effect, regardless of an employer's intent to do so.
What is disparate impact discrimination?
The two different situations under the Act of State Doctrine.
What are expropriation (government seizes private property for legal reason) vs. confiscation (illegal purpose)?
The three types of franchises.
What are manufacturing, chain-style, and distributorship?