Agency Relationships In Business

Agency Relationships in Business (Your Name (Your University2008IntroductionAgency righteousness deals with the relation between the top dog and element (Cornell University Legal schooling plant , n .d The concept of place finds basis on the Latin maxim Qui facit per alium , facit per se which means that anyone who acts through an new(prenominal) person is legally considered to have done it himself (Cornell University Legal info bring , n .d . frankincense , by virtue of an communicate empowerment or an implied one , a person or means may act for and behalf of other and exercise things as if the other or tether has arrangeed it . The most common agency kinds complicate guardian-ward , executor or administrator-decedent , and employer-employee (Cornell University Legal Information Institute n .d The law of ag ency allows one person to employ another to do her or his spring , sell her or his goods , and buzz off berth on her or his behalf as if the employer were present and playacting in person (West s cyclopedia of American equity , 1998 . Thus , the of import specifies the scope , parameters of license and the acts or duties to be performed by the agent for his benefit which necessarily connotes control by the principal everyplace the agent . This prescript evokes indebtedness of the principal for the acts of the agent at heart the scope of duties and liberty (West s Encyclopedia of American legality , 1998 . This is the master-servant relationship (Marketing Daily web site , n .dAs a oecumenical rule , the agent is not nonresistant on contracts entered into when he acts for and in behalf of his principal and that his acts are at heart the scope of authority disposed(p) by the principal (West s Encyclopedia of American Law , 1998 . He only becomes personally apt(p) if he acts in excess or outside of his granted aut! hority , at that placefrom violating his fiduciary duty and in cases of antic (Aviram , n .dAnent , liability for tort , the principle of respondeat superior is followed .

The principal is deemed liable and trusty for the acts of the agent when performed within the scope of authority and during the course of the troth (West s Encyclopedia of American Law , 1998 The principle of respondeat superior or `let the master answer government issue from the theory that a master must respond to tercet persons for losses negligently caused by the master s servants (West s Encyclopedia of American Law , 1998 . In conte mporary times , the damages that the employee caused shall be recompensed by the employer because the latter(prenominal) is vicariously liable for the acts of his employee (West s Encyclopedia of American Law , 1998It is of the essence(p) to be able to determine whether or not there exists a relationship of agency , i .e . whether the person is considered an employee or an independent declarer for purposes of determining liability and responsibilityDiscussionAn independent contractor is defined as one who enters into a contract to perform a job using his own procedures but is on the fence(p) to control only based on the output of massage (West...If you want to get a full essay, order it on our website: OrderCustomPaper.com

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