Exam 4 Flashcards

Question

principal's remedies: profits

Answer 1

if an agent breaches the duty of loyalty, he must turn over to the principal any profits he has earned as a result of his wrongdoing

Answer 2

if the agent has violated her duty of loyalty, the principal may rescind the transaction

Answer 3

- duty of indemnify - duty to cooperate

Answer 4

a principal must indemnify an agent for any expenses or damages reasonably incurred in carrying out his agency responsibilities

Answer 5

a principal must indemnify an agent for tort claims brought by a third party is the principal authorized the agent's behavior and the agent did not realize he was committing a tort

Answer 6

the principal must indemnify the agent for any liability to this parties that the agent incurs as a result of entering into a contract on the principals behalf, including attorney's fees and reasonable settlements

Answer 7

the principal must furnish the agent with the opportunity to work

Answer 8

the principal cannot unreasonably interfere with the agent's ability to accomplish his task

Answer 9

the principal must perform her part of the contract

Answer 10

- termination by agent and/or principal - principal or agent can no linger perform required duties - change in circumstances - effect of termination

Answer 11

- term agreement - time - achieving a purpose - mutual agreement - agency at will - wrongful termination

Answer 12

if the principal and agent in advance how long their relationship will last, they have a term agreement - time - achieving a purpose - mutual agreement

Answer 13

if they make no agreement in advance about the term of the agreement, either principal or agent can terminate at any time

Answer 14

a principal and agent have a personal relationship, if an agency relationship is not working out, the courts will not force the agent and principal to stay together

Answer 15

if one party's departure from the agency relationship violates the agreement and causes harm to the other party, the wrongful party must pay damages

Answer 16

either the agent or principal fails to obtain (or keep) a required license

Answer 17

the bankruptcy of the agent or the principal affects their ability to perform required duties

Answer 18

either the principal or the agent dies or becomes incapacitated

Answer 19

the agent violates her duty of loyalty

Answer 20

- war - change of law -loss of destruction of subject matter

Answer 21

once an agency relationship ends, the agent no longer has the authority to act for the principal. if she continues to act, she if liable to the principal for any damages he incurs as a result

Answer 22

some of the duties of both the principal and agent continues even after the relationship ends: - principal's duty to indemnify the agent - confidential information

Answer 23

- principal's liability for contracts - agent's liability for contracts - principal's liability for negligent physical torts - principal's liability for intentional physical torts principal's liability for nonphysical torts - agents liability for tots

Answer 24

- authority (express/implied/apparent) - ratification - subagent

Answer 25

a principal is bound by the act of an agent of the agent had authority

Answer 26

the principal grants express authority by words or conduct that, reasonably interpreted, cause the agent believe the principal desired her to act on the principal's account

Answer 27

unless otherwise agreed, authority to conduct a transaction includes authority to do acts that are reasonably necessary to accomplish it

Answer 28

a principal can be liable for the acts of an agent who is not, in fact, acting with authority if the principal's conduct causes a third party reasonably to believe that the agent is authorized - remember that the issue in apparent authority is always what the principal has done to make the third party believe that the agent has authority

Answer 29

if a person accepts the benefits of an unauthorized transaction or fails to repudiate it, then he inbound by the act as if he has originally authorized it. He has ratified the act

Answer 30

even if an agent acts without authority, the principal can decide later to be bound by her actions as long as these requirements are met: - the "agent" indicates to the third party that she is acting for a principal - the "principal" knows all the material facts of the transaction - the "principal" accepts the benefit of the whole transaction, not just part - the third party does not with draw from the contract before ratification

Answer 31

someone who hires subagents for the principal - when an agent is authorized to hire a subagent, the principal is a s liable for the acts of the subagent as he is for the acts of a regular agent

Answer 32

someone appointed by an agent to perform the agents duties

Answer 33

- fully disclosed principal - unidentified principal - undisclosed principal - unauthorized agent

Answer 34

an agent is not liable for any contracts she makes on behalf of a fully disclosed principal - a principal is only fully disclosed if the third party knows of his existence and identity

Answer 35

in the case of an unidentified principal, the third party can recover from either the agent or the principal (partially disclosed principal) - a principal is unidentified If the third party knew of his existence but not his identity

Answer 36

all members of a group are liable; they can be sued as a group, or any one of them can be sued individually for the full amount owed, but the plaintiff cannot recover more than the total she is owed

Answer 37

in the case of an undisclosed principal, the third party can recover from either the agent or the principal - a principal is undisclosed if the third party did not know of his existence - the principal is always liable, but the agent is only liable when the principal's identity is unknown

Answer 38

a third party is not bound to the contract with an undisclosed principal if 1. the contract specifically provides that the third party is not bound to anyone other than the agent 2. the agent lies about the principal because she knows the third party would refuse to contrast with him

Answer 39

if the agent hasn't o authority (express, implied, or apparent), the principal is not liable to the third party, and the agent is

Answer 40

an employer is liable for physical torts negligently committed by an employee acting within the cope of employer - employee - scope of employment

Answer 41

a principal is liable for certain torts committed by an agent

Answer 42

two kinds of agents: 1. employee; principal is liable 2. independent contractor; principal is not liable

Answer 43

the gig economy is based on companies that, instead of hiring full-time employees, use mobile apps to facilitate peer-to-peer transactions that pay per job -ride sharing, chores, cleaning, delivery, repairs, and shipping

Answer 44

a principal is liable for both the negligent and intentional physical torts of an independent if the principal has been negligent in hiring or supervising her

Answer 45

an employee is acting within the scope of employment if the act: 1. is one that employees are generally responsible for, 2. takes place during hours that the employee is generally employed, 3. is part of the principal's business, 4. is similar to the one the principal authorized, 5. is one for which the principal supplied the tools, and 6. is not seriously criminal

Answer 46

an act is within the scope of the employment if expressly forbidden, is it is of the same nature as that authorized or if it is incidental to the conduct authorized

Answer 47

the principal is liable for the actions of the employee that occur while the employee is at work, but not for actions that occur after the employee has abandoned the principal's business

Answer 48

a principal is NOT liable for the INTENTIONAL physical torts pf an employee unless (1) the employees intended to serve some purpose of the employer or (2) the employer was negligent in hiring or supervising this employee

Answer 49

a nonphysical tort is one that harms only reputation, feelings, or wallet. - nonphysical torts (whether intentional or unintentional) are treated like a contract claim: the principal is liable only if the employee acted with express, implied, or apparent authority

Answer 50

agents are always liable for their own torts

Answer 51

a worker without an employment contract - could be fired for a good reason, a bad reason, or no reason at all

Answer 52

- common law protections - family and medical leave act - fair workweek laws - whistleblowing

Answer 53

an employer may not fire a worker for a reason that violated basic social rights, duties, or responsibilities - the public policy rule prohibits an employer from hiring a worker fro reason that violate fundamental social rights, duties, or responsibilities

Answer 54

as a general rule, employees may not be discharges for refusing to break the law

Answer 55

as a general rule, an employer may not discharge a worker for exercising a legal right if that supports public policy

Answer 56

courts are sometimes willing to protect employees who do the right thing, even if they violate the boss's orders

Answer 57

- promises made during the hiring process -employed handbooks - covenant of good faith and fair dealing

Answer 58

promised make to job applicants are generally enforceable, even if not approved by the company's top executives

Answer 59

creates a contract

Answer 60

states imply to a covenant of good faith and fair dealing in contracts. requires both parties to behave reasonably, making an honest effort to meet both the spirit and letter of the contract

Answer 61

- defamation - workplace bullying

Answer 62

employers may be liable for defamation when they give false references about an employee - more than half of the states recognize a qualified privilege of r employers who give references about former employees

Answer 63

employers who give references are liable only for false statements that they know to be false or that are primarily motivated by ill will

Answer 64

an intentional tort in which the harm results from extreme and outrageous conduct that causes serious emotional harm

Answer 65

the family and medical leave act (FMLA) guarantees both men and women up to 12 weeks of unpaid leave each year for childbirth, adoption, or a serious health condition or their own or in their immediate family serious health condition: - any health issue that required hospitalization -a condition that requires more than one visit to a healthcare provider; the visits may be spread out over as long as a year - a condition that required only one visit to a healthcare provider but also requires a course of treatment such as physical therapy or prescription medication

Answer 66

requires employers to: - provide 14 days' notice of work schedules -pay workers extra for each shift cancelled on short notice -pay extra for split shifts - avoid retaliating against workers who ask for changes in their work schedule

Answer 67

someone who discloses wrongdoing protected against: -The false claims act -Sarbanes-Oxley Act of 2022 -The Dodd-Frank Wall Street Reform and Consumer Protection Act -Constitutional protection for government employees -Statutory protection for federal employees -State Laws

Answer 68

permits whistleblowers to bring lawsuits against anyone who defrauds the government and prohibits an employer from retaliating against workers who file suit under the statute

Answer 69

protects employees of publicly traded companies who provide evidence of fraud to investigators

Answer 70

anyone who provides information to the government about violations of securities or commodities laws is entitled to a payout of from 10-30% of whatever award the government receives, provided that the award tops $1 million

Answer 71

employees of federal, state, and local governments have a right to free speech under the US Constitution

Answer 72

the civil service reform act and the whistleblower protection act prevent retaliation against federal employees who report wrongdoing

Answer 73

all 50 states have laws that protect whistleblowers from retaliation by their employers, but varies

Answer 74

- off duty activities -the right to free speech - lie detector tests

Answer 75

in the absence of a specific law to the contrary, employers do have the right to fire workers for off-duty conduct - lifestyle laws - smoking - alcohol and drug use

Answer 76

a few states have passed lifestyle laws that protect there rights of employees to engage in any lawful activity or use any lawful product when off duty

Answer 77

employers cannot prohibit workers from smoking, however, employers can refuse to hire smokers because it costs them more

Answer 78

under federal laws, private employers are permitted to randomly test job applicants and workers for alcohol and illegal drugs - the EEOC permits employers to fire or refuse to hire workers for using prescribed drugs only if that use creates a safety issue

Answer 79

- national labor relations act - social media policies - privacy on social media

Answer 80

protects the employees right to unionize 1. who engages in collective activity 2. relating to work conditions 3. who are not supervisors even non-unionized workers cannot be fired for complaining about their jobs, so long as these complaints are shared with other employees and are not inappropriately hostile or violent

Answer 81

policies violate the NLRA if they unreasonably limit employee speech about work conditions to be PROTECTED, the employee speech must be CONCERTED (with other employees)

Answer 82

Stored Communications Act (SCA) prohibits unauthorized access to electronic communications, which includes email, voice mail, social media employers can monitor if: 1. the employee consents 2. monitoring occurs during ordinary business courses 3. in cases of email, if the employer provides the computer system

Answer 83

under the Employee Polygraph Protection Act of 1988, employers may not require, or even suggest, that an employee or job candidate submit to a lie detector test except in the following cases: 1. an employment who is part of an "ongoing investigation" into crimes that have already occurred 2. an applicant applying for a government job, or 3. an applicant for a job in public transport, security services, banking, or pharmaceutical firms that deal with controlled substances

Answer 84

- OSHA - employee data - guns

Answer 85

- general duty - specific health and safety standards - oversight

Answer 86

employers are under a general duty to keep their workplace "free from recognized hazards that are causing or are likely to cause death or serious physical harm

Answer 87

employers must comply with specific health and safety standards

Answer 88

employers must keep records of all workplace injuries and accidents

Answer 89

OSHA may inspect workplaces to ensure that they are safe

Answer 90

employers necessarily obtain personal data from their workers: - DOB - SSN - Bank

Answer 91

employers have the right to prohibit guns in their workplace but, in almost half the states, Bring Your Gun to Work laws prevent companies from banning firearms in they parking lot

Answer 92

- fair labor standards act (FLSA) - worker's compensation - health insurance - social security - pension benefits

Answer 93

fair labor standards act regulates the wages and limits child labor - prohibited oppressive child labor

Answer 94

worker's compensation statutes ensure that employees receive payment for injuries incurred at work

Answer 95

under the Consolidated Omnibus Budget Reconciliation Act (COBRA), former employees must be allowed to continue their health coverage for 18 months after leaving their job

Answer 96

the social security system pays benefits to workers who are retired, disabled, or temporarily unemployed to the spouses and children of disabled or deceased workers - a worker who quits voluntarily or is fired for just cause is ineligible for unemployment benefits

Answer 97

the employee retirement income security act (ERISA) protects workers covered by private pension plans

Answer 98

- national labor relations act - collective bargain - concerted action

Answer 99

ensures the right of workers to form unions and encourages management and unions to bargain collectively and productively Section 7: guarantees employees the right to: - organize unions and join unions, - bargain collectively through representative of their own choosing, and -engage in other concerted activities Section 8: prohibits in engaging in unfair labor practices: - interfering with union organizing efforts - dominating or interfering with any union - discriminating against union members, and - refusing to bargain collectively with a union prohibits unions form engaging in ULPs: - interfering with employees who are exercising their labor rights - causing an employer to discriminate against workers as means to strengthen the union, and - charging excessive dues

Answer 100

a contract between a union and a company - NLRA requires parties to bargain wages, hours, and other terms and conditions of employment - the union and the employers are not obligated to reach an agreement, but they are required to bargain in gapped faith

Answer 101

tactics taken by union members ti gain bargaining advantage - the MLRA guarantees the right of employees to engage in concerted actions for mutual aid or protection

Answer 102

- no strike clause - cooling off period - statutory prohibition - sit down strikes - partial strikes

Answer 103

a clause in the CBA that prohibits the union from striking while the CBA is in force

Answer 104

before striking to terminate or modify a CBOm a union must give management 60 days notice

Answer 105

many states have outlawed strike by public employees

Answer 106

workers go to work but do not work - illegal

Answer 107

stopping and starting work repeatedly - illegal

Answer 108

when employees for on strike, management has the right to use replacement workers to keep the business operating

Answer 109

one intended to gain wages or benefits

Answer 110

union members are entitled to their jobs back, even if it means the employer must lay off replacement workers

Answer 111

to discourage employees, replacement workers, and customers from doing business with the company - picketing the employer's workplace in support of a strike if generally lawful

Answer 112

a picket line established not at the employer's premise but at a different workplace

Answer 113

management prohibits workers from entering the premises

Answer 114

prohibit racial discrimination in both private and public employment (except it does not apply to the federal government)

Answer 115

the US constitution prohibits employment discrimination be federal, state, and local government

Answer 116

a worker may not be paid at a lesser rate than employees of the opposite sex for equal work

Answer 117

it is illegal to for employers with 15 or more workers to discriminate on the basis of race, color, religion, sex, or national origin

Answer 118

- disparate treatment - disparate impact - hostile environment - retaliation

Answer 119

the plaintiff must show that she was treated less favorably than others because of her race, color, religion, sec, or national origin

Answer 120

applies if the employer has a rule that on its face is not discriminatory, button practice excludes too many people in a protected group and there is not a job-related business necessity

Answer 121

employers violate Title VII is the permit a work environment that is so hostile toward people in a protected category that is affects their ability to work

Answer 122

involves unwelcome sexual advances, requests for social favors, or other verbal or physical conduct if a sexual nature that. are so severe and pervasive that they interfere with an employees ability to work

Answer 123

Title VII prohibits employers from retaliating against workers who oppose discrimination, bring a claim under the stature, or take part in an investigation or hearing

Answer 124

employee cannot discriminate agains a worker because of his religious beliefs. In addition, employers must make reasonable accommodation for worker's religious practices unless the request would cause undue hardship for the business

Answer 125

Title VII forbids sex stereotyping

Answer 126

employers are free to adopt different appearance riles for men and women, but these standards may not impose a greater burden on one sec than the other. Unattractiveness is not itself a protected category under Title VII, so any discrimination claim would have to fit into one of the existing categories

Answer 127

the Pregnancy Discrimination Act provides that employers may not fire, refuse to hire, or fail to promote a woman because she is pregnant

Answer 128

discrimination based in parental status is a violation of Title VII if it involved treating men and women differently

Answer 129

both sexual orientation and transgender status are protected categories under Title VII

Answer 130

EEOC regulations prohibit companies from using criminal history information in a way that has a adverse impact on employees in a protected category, also discourages credit checks

Answer 131

under Title VII, it is illegal to discriminate against noncitizens because "national origin" is a protected category

Answer 132

under Title VII, the defendant has four possible defenses - merit - seniority - bonafide occupational qualification - affirmative action

Answer 133

an employer is permitted to establish discriminatory job requirements if they are essential to the position in question

Answer 134

making an employment decision that harms a non-hispanic white person or a man because of his gender, color, or race

Answer 135

an employer with 20 or more workers may not fire, refuse to hire, fail to promote, or otherwise reduce a person's employment opportunities because he is aged 40 or older

Answer 136

prohibits discrimination on the basis of disability by the federal government , federal contractors, and all entities that receive federal funds

Answer 137

prohibits employers with 15 or more workers from discriminating on the basis of disability

Answer 138

physical or mental impairment that substantially limits a major life activity, or someone who is regarded as having such an impairment

Answer 139

employers may not discriminate on the basis of disability of long as the workers can, with reasonable accommodation, perform the essential functions of the job

Answer 140

under GINA, employers with 15 or more workers may not require genetic testing or use information about genetic makeup or family medical history as a factor of hiring, firing, or promoting employees

Answer 141

the federal agency responsible for enforcing Title VII - Equal Pay Act - Pregnancy Discrimination Act - Age Discrimination in Employment Act (ADEA) - Americans with Disability Act (ADA)

Answer 142

an unicorporated business owned by one person

Answer 143

- ease of formation - flow through tax entity - filing taxes goes through the owner

Answer 144

- owner is liable for debts - limited capital

Answer 145

- limited liability - transferability of interests - perpetual existence

Answer 146

- expensive - taxable entity

Answer 147

a regular corporation that provides limited liability to its owners and is a taxable entity

Answer 148

a corporation that provides limited liability to owners and the tax status of a flow-through entity - only one class of stock - no more than 100 shareholders - shareholders must be individuals, estates, charities, pension funds, or trusts, not partnerships or corporations - all shareholders must agrees that the company IS and S Corporation

Answer 149

a corporation with a small number of shareholders whose stock is not publicly traded and whose shareholders play an active role in management; it is entitled to special treatment under some state laws

Answer 150

- limited liability - flow through entity

Answer 151

- easy to form - flexible with tis members (can have partnerships, corporations, non-resident aliens) - not required to hold annual meetings

Exam 4 Flashcards

Chapters 17-20 Agency law, employment and labor law, employment discrimination, starting a business: LLCs and other options (176 cards)