Ba-18: Chapter 17

Front 1

Actual Authority

Back 1

Page 531 is the authority that the principal actually grants to the agent and that will establish the limits of what the agent should do in the performance of his or her duties. Actual thority maybe Express the principal to the agent or it may be implied by the principles conduct with the agent

Front 2

Apparent Authority

Back 2

Page 530, 534, and 538 the third party reasonably believes that the agent has authority to act in this matter because of the third parties dealing with the principal and the surrounding facts. The third parties believe must be reasonable. Apparent Authority will exist even if the principal did not intend to create the authority. Example of all Fires at him who would work to do sales Agency for 3 years after being fired and then continues to call on his clients and take new orders and collect payments know that the court could also use implied Authority in this situation

Front 3

Assignable

Back 3

Means that the rights in the contract legally can be transferred from one person to another

Front 4

Commission

Back 4

Example is Commission on a sale 2% of the proceeds that is owed to someone if they can show they have an interest in the contract

Front 5

Consensual

Back 5

Both parties have entered into the contract of their own free will

Front 6

Covenants

Back 6

Promises that the agent will not work for a competing firm contract May provide the agent will not Moonlight for the competition and or the Asian will not compete with the principal after this employment relationship is terminated

Front 7

Disclosure principle

Back 7

When agent clearly discloses that he or she is representing a principal and identifies the principle the principle is disclosed

Front 8

Emergency Authority

Back 8

Page 530, 533, 537 an agent is responding to an emergency an emergency that occurs or requires a quick response the principal cannot be located in a timely manner the ages conduct was reasonable and was reasonably expected to benefit the principal. An example is prudence hires Andrea to manage her gift shop. The weather service has announced a hurricane is headed towards our community Andrea goes to the hardware store and purchase Lumber and nails to board up the store she has the bill sent 2 prudence

Front 9

Equal dignities rule

Back 9

Page 547 equal dignities rule also called the equal dignity rule requires that some agency agreements be in writing this rule as an adjunct to the statute of frauds and states the agent principal contract deserves and requires the same dignity as the third party contract

Front 10

Estopped or estoppel

Back 10

Page 530 failure to give notice to third party

Front 11

Estoppel Authority

Back 11

Page 535 536 prevents a principal from denying the agent's Authority. This is also called ostensible Authority. It occurs when the principle allows the purported agent to pass himself or herself off as an agent and does not take steps to prevent the purported agent's representation

Front 12

Fraud

Back 12

Page 535 the intentional misrepresentation of a material fact

Front 13

Implied Authority

Back 13

Page 532 implied Authority is based on the agents position or I'm past dealings between the agent and the third party. One type of implied Authority arises when an agent is given a title and a position

Front 14

Implied warranties

Back 14

Page 540 whenever an agent of a disclosed principal enters into a contract the agent makes all the following implied warranties the agent does not have to stay these warranties they are implied by the situation

Front 15

Imputing knowledge

Back 15

Page 536 in addition to being liable for contracts entered into by an agent a principal may be legally responsible for information known to the agent but not actually known by the principal. This subject is called imputing knowledge. Because in Asia has a duty to inform the principle of important facts that relate to the agency it will be assumed that the agent has performed this Duty. His duty is commonly called the duty to give notice that was discussed in chapter 16

Front 16

Incidental Authority

Back 16

Agent will also have authority to do things that are necessary to complete his or her assigned tasks. Example would be actual authority to obtain a loan for the business they will have the incident authority to sign the loan document and any other necessary paperwork

Front 17

Ostensible Authority

Back 17

Also known as Authority by estoppel which prevents a principal from denying the agent's Authority

Front 18

Purported agent

Back 18

One who claims to be an agent

Front 19

Ratification Authority

Back 19

Agent Locke Authority at the time of his or her Acts, principal approves the actions after the fact using words or actions, statute of frauds may require writing. An example is when Penny tells and to research potential restaurant franchises that might be available and to report her findings instead and purchases a franchise on Penny's behalf Penny approves the contract in writing

Front 20

Reasonableness test

Back 20

California courts do not use the reasonableness test 4 covenants not to compete signed by employees. Generally former employees can engage in any lawful business trade or profession the statue makes exceptions for covenants and other contacts such as when a partner leaves a partnership when a member leaves a limited liability company when a business sells its Goodwill and when owner sell all the shares in a corporation the principal cannot prevent an ordinary employee from engaging and competition once the employment is over

Front 21

Reform

Back 21

To modify such as a contract to make its restrictions reasonable

Front 22

Relation back Doctrine

Back 22

As used in this context states that if the contract is properly ratified it is as if the contract for valid the whole time

Front 23

Statute of frauds

Back 23

Is a statute that requires certain contracts to be in writing to be enforceable

Front 24

Trade Secrets

Back 24

A principal can prevent an agent from divulging Trade Secrets or customer list after the employment is terminated even without a valid covenant not to compete under common law this disclosure is a violation of the agents duty of loyalty

Front 25

Undisclosed principal

Back 25

Is one whose existence in Identity or unknown to the third party

Front 26

Unidentified principal

Back 26

One whose existence is known to the third party but whose identity is not

Front 27

Warranties of authority

Back 27

Whenever an agent of a disclosed principal enters into a contract the agent makes all the following implied warranties the agent does not have to stay these Ortiz their implied by the situation the disclosed principle exist and is competent the agent is an agent for the principal the agent is authorized to enter into the type of contract for the principal the third party can sue the agent to recover for lost by the breach of warranty of authority

Front 28

Civil Rights Act of 1991 and the Civil Rights Act of 1964 title 7

Back 28

Prohibits discrimination in employment based on Color Race religion sex or national origin under title 7 the employer cannot Laughlin make decisions to hire discharge conditions

Front 29

Closed shop agreements

Back 29

Prohibit clothes shop agreements obligate the employer to hire and retain only union members part of the taft-hartley Act

Front 30

Consolidated Omnibus budget reconciliation Act or cobra

Back 30

Allows employees are qualified beneficiaries to extend their coverage under the employer's group health insurance for a period of time the employee or beneficiary has to pay the entire premium for the coverage employers with 20 or more employees on a typical business day during the last quarter does not apply to churches or government entities

Front 31

Disparate impact

Back 31

Any job requirement that prevents a disproportionate number of blacks or other minorities from security employment or promotion has a disparate impact that is an unequal effect on minority's and may be illegal

Front 32

Equal Pay Act

Back 32

Answer me prohibits discrimination in wages on the basis of sex

Front 33

4/5 rule

Back 33

Under the four-fifths rule if the selection rate for a protected class is less than 4/5 or 80% of the section rate of the group within the highest selection rate this constitutes statistical evidence that there is a disparate impact

Front 34

Immigration reform and Control Act

Back 34

Prohibits immigration-related discrimination based on national origin or citizenship status it was the act of 1986

Front 35

Federal unemployment tax act of 1954

Back 35

Provides through a coordinated federal and state effort Economic Security for temporarily unemployed workers

Front 36

Lilly Ledbetter Fair Pay Act of 2009

Back 36

Specifies that the statute of limitations to file a suit based on pay discrimination begins to run with each discriminatory paycheck a men's title 7 the age discrimination in Employment Act and the Americans with Disabilities Act

Front 37

National Labor Relations Board

Back 37

Handles disputes

Front 38

Occupational safety and health Act of 1970

Back 38

Mandate safe and healthful workplace conditions

Front 39

Pregnancy Discrimination

Back 39

Protect workers from pregnancy-related discrimination based on pregnancy or pregnancy-related symptoms immense title 7

Front 40

Rehabilitation Act of 1973

Back 40

Direct Federal contractors to take affirmative action with regard to otherwise qualified handicapped individuals