BLS 112 Chapter Notes - Chapter 32: Estoppel, Specific Performance, Independent Contractor

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Chapter 32: agency formation & duties: agency relationships. In principal-agent relationship, parties agree that agent acts on behalf & instead of principal in negotiating & transacting business with 3rd parties. [noun] duty to act primarily for another"s benefit. Employer-employee relationship: employees who deal with 3rd parties act as agents of employers, employment laws apply only to employer-employee relationship, social security, worker"s compensation, unemployment, etc. Employee-independent contractor relationship: independent contractor: not employees; those who hire them have no control over details of work performance, may or may not involve agency relationship. Determination of employee status: criteria used by courts, how much control does employer exercise over details of work, considerable control employee status. Is the worker engaged in occupation/business distinct from employer: yes independent-contractor. Agency relationships = consensual voluntary consent & agreement by both parties: a person must have contractual capacity to be principal, any person can be agent (including minors, relationship created for any legal purpose.

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