This is the old version of the H2O platform and is now read-only. This means you can view content but cannot create content. You can access the new platform at https://opencasebook.org. Thank you.
Often the question of who is an agent is contentious. This chapter focuses on the sources of agency, including actual and apparent agency. In addition to the sources of agency is the question of the limits of an agent's authority. It is important to recognize that although there are different sources of authority of agents, that the source of an agent's authority does not matter. In the end, regardless of the source, once a person is empowered with authority, a court will consider that person an agent.
This section examines the role of agency in the franchise form. The franchise business is a common form of business organization. It may be a surprise to learn, but with respect to the franchisee/franchisor, agency plays a critically important role. Indeed, lawyers whose practice involves franchise businesses often become experts in agency law.
This section also spends time on the difference between employees and independent contractors. As you will see, employees are obviously agents. But a more common question relates to independent contractors. Are they agents? And, if so, to what extent can they be considered agents?EDIT PLAYLIST INFORMATION DELETE PLAYLIST
Edit playlist item notes below to have a mix of public & private notes, or:MAKE ALL NOTES PUBLIC (8/8 playlist item notes are public) MAKE ALL NOTES PRIVATE (0/8 playlist item notes are private)
|4||Show/Hide More||Smith v. Hansen Hansen & Johnson|
|6||Show/Hide More||Agency and the Franchise|
|6.2||Show/Hide More||Allen v. CHOICE HOTELS INTERNATIONAL|
More on the question of agency in the context of franchise liability.
Question for discussion: what is the plaintiff's best legal theory based on apparent authority. Is the court correct in its conclusion with respect to that theory? Yes or no?
|7||Show/Hide More||Independent Contractors v Employees|
|7.2||Show/Hide More||Kane Furniture Corp. v. Miranda|
|7.3||Show/Hide More||Millsap v. Federal Express Corp.|
|8||Show/Hide More||Intentional Torts of Agents|
January 18, 2014
Brian JM Quinn
This is the old version of the H2O platform and is now read-only. This means you can view content but cannot create content. If you would like access to the new version of the H2O platform and have not already been contacted by a member of our team, please contact us at email@example.com. Thank you.