Term
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Definition
| it refers to a person having duty created by his or her undertaking to act primarily for another's benefit in matters connected with the undertaking. |
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Term
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Definition
| it means the relationship involves trust and confidence |
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Term
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Definition
| not employees because by definition those who hire them have no control over the details of their work performance. |
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Term
| Why are agencies created? |
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Definition
| So someone can act as you |
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Term
| How can agencies be created? |
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Definition
| 1. Ratification 2. Agreement 3. Estoppel 4. By operation of law |
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Term
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Definition
| an agent is acting outside of the scope of their authority but the principal approves or affirms that contract by word or by action |
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Term
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Definition
| third party reasonably reliance on the principle's portrayal of an agent. Unable to deny |
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Term
| agency by operation of law |
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Definition
| the agency relationship is based on a social or legal duty or formed emergency situations. |
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Term
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Definition
| the agency relationship is formed through express consent(oral or written)or implied by conduct |
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Term
| what are the agent's duties to the principal? |
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Definition
| 1.performance 2.notification 3.loyalty 4.obedience 5.accounting |
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Term
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Definition
| implied condition to use reasonable diligence and skill in performing the work |
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Term
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Definition
| agents are required to notify the principal of all matters that cone to her or his attention concerning the subject matter of the agency. |
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Term
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Definition
| The agent has the duty to act solely for the benefit of his or her principal |
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Term
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Definition
| when acting on behalf of the principal an agent has a duty to follow all lawful and clearly stated instructions of the principal |
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Term
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Definition
| unless an agent and a principal agree otherwise the agent has a duty to keep and make available to the principal an account of all property and funds received and paid out on behalf of the principal |
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Term
| Principals duty to the agents |
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Definition
| 1. Compensation 2. Reimbursement and indemnification 3. cooperation 4. safe working conditions |
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Term
| reimbursement and indemnification |
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Definition
| subject to the terms of the agency agreement the principal has the duty to indemnify(compensate) an agent for liabilities incurred because of authorized and lawful acts and transactions. |
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Term
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Definition
| authority declared in clear, direct, and definite terms |
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Term
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Definition
| if the scope of the agency requires to be in writing then the agency agreement needs to be in writing |
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Term
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Definition
| a written document that is allowing another party to act as you |
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Term
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Definition
| whatever is reasonably necessary to carry out express authority and accomplish the objectives of the agency |
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Term
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Definition
| when the principal by either word or action causes a third party |
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Term
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Definition
| principal whose identity is known by the third party at the time the contract is made |
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Term
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Definition
| principal whose identity is not known by the third party but the third party knows that the agent is or may be acting for a principal at the time the contract is made |
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Term
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Definition
| principal whose identity is totally unknown by the third party, and the third party has no knowledge that the agent is acting in an agency capacity at the time the contract is made |
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Term
| liability of a disclosed principal |
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Definition
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Term
| liability of a partially disclosed principal |
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Definition
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Term
| Liability of undisclosed principal |
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Definition
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Term
| How is an agency terminated |
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Definition
| 1. Lapse of time 2. Purpose achieved 3. Mutual agreement 4. bankruptcy 5. Death or Insanity(of either) 6. War 7. Changed circumstances |
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Term
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Definition
| employee tells the government, upper level managers, or the median that their employer is engaged in unsafe or illegal activity |
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Term
| What does OSHA stand for? |
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Definition
| Occupational safety and health act |
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Term
| how can you be exempt from paying overtime? |
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Definition
| If your employee makes over 100,000 a year of if their a store manager/executive |
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Term
| disparate-treatment discrimination |
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Definition
| intentional discrimination by an employer against an employee |
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Term
| disparate-impart discrimination |
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Definition
| occurs when a protected group of people is adversely affected by an employer's practices, procedures, or tests, even though they do not appear to be discriminatory |
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Term
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Definition
| occurs when the employer causes the employee's working condition to be so intolerable that an employee would quit |
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Term
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Definition
| 1. quid pro quo 2. hostile work enviroment |
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