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This is a€?Relationships between Principal and Agenta€?, chapter 9 from the book The Law, Corporate Finance, and Management (v.
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An agent is a person who acts in the name of and on behalf of another, having been given and assumed some degree of authority to do so. Leta€™s analyze this sequence of events in legal termsa€”recognizing, of course, that this example is an analogy and that the law, even today, would not impose consequences on Alden for his failure to carry out Captain Standisha€™s wishes.
Is Alden liable to Standish for stealing the heart of Priscillaa€”that is, for taking the a€?profitsa€? of the enterprise for himself? As these questions suggest, agency law often involves three partiesa€”the principal, the agent, and a third party. Normally, the general agent is a business agent, but there are circumstances under which an individual may appoint a general agent for personal purposes. An agent whose reimbursement depends on his continuing to have the authority to act as an agent is said to have an agency coupled with an interestAn agency in which the agent has an interest in the property regarding which he or she is acting on the principala€™s behalf. This distinction between agent and independent contractor has important legal consequences for taxation, workersa€™ compensation, and liability insurance. The factual situation in each case determines whether a worker is an employee or an independent contractor.
In addition to determining a workera€™s status for tax and compensation insurance purposes, it is sometimes critical for decisions involving personal liability insurance policies, which usually exclude from coverage accidents involving employees of the insureds. The agency relationship can be created in two ways: by agreement (expressly) or by operation of law (constructively or impliedly).
Most oral agency contracts are legally binding; the law does not require that they be reduced to writing. Even when the agency contract is not required to be in writing, contracts that agents make with third parties often must be in writing. In areas of social need, courts have declared an agency to exist in the absence of an agreement.
Implied agencies also arise where one person behaves as an agent would and the a€?principal,a€? knowing that the a€?agenta€? is behaving so, acquiesces, allowing the person to hold himself out as an agent. Understand that the agent owes the principal two types of duties: a special dutya€”the fiduciary dutya€”and other general duties as recognized in agency law.
Recognize that the principal owes the agent duties: contract, tort, and workersa€™ compensation.
The agent owes the principal duties in two categories: the fiduciary duty and a set of general duties imposed by agency law.
In a nonagency contractual situation, the partiesa€™ responsibilities terminate at the border of the contract. But the agency relationship is more than a contractual one, and the agenta€™s responsibilities go beyond the border of the contract. A fiduciary may not lawfully profit from a conflict between his personal interest in a transaction and his principala€™s interest in that same transaction. To further his objectives, a principal will usually need to reveal a number of secrets to his agenta€”how much he is willing to sell or pay for property, marketing strategies, and the like. In addition to fiduciary responsibility (and whatever special duties may be contained in the specific contract) the law of agency imposes other duties on an agent. An agent is usually taken on because he has special knowledge or skills that the principal wishes to tap. In the absence of an agreement, a principal may not ordinarily dictate how an agent must live his private life. The agent must keep accurate financial records, take receipts, and otherwise act in conformity to standard business practices.
The principal says to the agent, a€?Keep working until the job is done.a€? The agent is not obligated to go without food or sleep because the principal misapprehended how long it would take to complete the job. As a general rule, the agent must obey reasonable directions concerning the manner of performance. Because the principal cannot be every place at oncea€”that is why agents are hired, after alla€”much that is vital to the principala€™s business first comes to the attention of agents. When Sharp died, his family claimed the rights to the inventions on which Sharp held assignments and sued the company, which used the inventions, for patent infringement. In this category, we may note that the principal owes the agent duties in contract, tort, anda€”statutorilya€”workersa€™ compensation law.
The fiduciary relationship of agent to principal does not run in reversea€”that is, the principal is not the agenta€™s fiduciary.
Under the traditional A“employment-at-willA” doctrine, an employee who is not hired for a specific period can be fired at any time, for any reason (except bad reasons: an employee cannot be fired, for example, for reporting that his employerA’s paper mill is illegally polluting groundwater).
The employer owes the employeea€”any employee, not just agentsa€”certain statutorily imposed tort and workersa€™ compensation duties. The three common-law rules just mentioned ignited intense public fury by the turn of the twentieth century. Most workersa€™ compensation acts provide 100 percent of the cost of a workera€™s hospitalization and medical care necessary to cure the injury and relieve him from its effects.
The injured worker is typically entitled to two-thirds his or her average pay, not to exceed some specified maximum, for two hundred weeks. Although workersa€™ compensation laws are on the books of every state, in two statesa€”New Jersey and Texasa€”they are not compulsory. Those frequently excluded are farm and domestic laborers and public employees; public employees, federal workers, and railroad and shipboard workers are covered under different but similar laws. There are three general methods by which employers may comply with workersa€™ compensation laws. The second method of compliance with workersa€™ compensation laws is to insure through a state fund established for the purpose. Judge Learned Hand, a famous early-twentieth-century jurist (1872a€“1961), said, a€?The fiduciary duty is not the ordinary morals of the marketplace.a€? How does the fiduciary duty differ from a€?the ordinary morals of the marketplacea€?? The issue here is whether defendant restaurant by permitting an individual to park patronsa€™ cars thereby held him out as its a€?employeea€? for such purposes. At the time of this occurrence, the restaurant had been open for only nine days, during which time plaintiff had patronized the restaurant on at least one prior occasion. Defendant did not maintain any sign at its entrance or elsewhere that it would provide parking for its customers (nor, apparently, any sign warning to the contrary).
Buster Douglas parked cars for customers of defendanta€™s restaurant and at least three or four other restaurants on the block. These facts establish to the courta€™s satisfaction that, although Douglas was not an actual employee of the restaurant, defendant held him out as its authorized agent or a€?employeea€? for the purpose of parking its customersa€™ cars, by expressly consenting to his standing, in uniform, in front of its door to receive customers, to park their cars and issue receipts therefora€”which services were rendered without charge to the restauranta€™s customers, except for any gratuity paid to Douglas. Plaintiff was justified in assuming that Douglas represented the restaurant in providing his services and that the restaurant had placed him there for the convenience of its customers. There was no suitable disclaimer posted outside the restaurant that it had no parking facilities or that entrusting onea€™s car to any person was at the drivera€™s risk. Even if such person did perform these services for several restaurants, it does not automatically follow that he is a freelance entrepreneur, since a shared employee working for other small or moderately sized restaurants in the area would seem a reasonable arrangement, in no way negating the authority of the attendant to act as doorman and receive cars for any one of these places individually. When defendanta€™s agent failed to produce plaintiffa€™s automobile, a presumption of negligence arose which now requires defendant to come forward with a sufficient explanation to rebut this presumption.
The plaintiff in this case relied on Klotz, very similar in facts, in which the car-parking attendant was found to be an employee. The restaurant here is a baileea€”it has rightful possession of the plaintiffa€™s (bailora€™s) property, the car. Large corporations have increasingly adopted the practice of hiring temporary employees or independent contractors as a means of avoiding payment of employee benefits, and thereby increasing their profits. Microsoft, one of the countrya€™s fastest growing and most successful corporations and the worlda€™s largest software company, produces and sells computer software internationally. The plaintiffsa€¦performed services as software testers, production editors, proofreaders, formatters and indexers. The plaintiffs were told when they were hired that, as freelancers, they would not be eligible for benefits. In 1989 and 1990, the Internal Revenue Service (IRS)[,]a€¦applying common-law principles defining the employer-employee relationship, concluded that Microsofta€™s freelancers were not independent contractors but employees for withholding and employment tax purposes, and that Microsoft would thereafter be required to pay withholding taxes and the employera€™s portion of Federal Insurance Contribution Act (FICA) tax. After learning of the IRS rulings, the plaintiffs sought various employee benefits, including those now at issue: the ESPP and SPP benefits. Microsoft contends that the extrinsic evidence, including the [employment agreements], demonstrates its intent not to provide freelancers or independent contractors with employee benefits[.]a€¦We have no doubt that the company did not intend to provide freelancers or independent contractors with employee benefits, and that if the plaintiffs had in fact been freelancers or independent contractors, they would not be eligible under the plan. Microsofta€™s argument, drawing a distinction between common-law employees on the basis of the manner in which they were paid, is subject to the same vice as its more general argument. We therefore construe the ambiguity in the plan against Microsoft and hold that the plaintiffs are eligible to participate under the terms of the SPP. It is the intention of the Company to have the Plan qualify as an a€?employee stock purchase plana€? under Section 423 of the Internal Revenue Code of 1954.
Microsoft next contends that the [employment agreements] signed by the plaintiffs render them ineligible to participate in the ESPP.
Finally, Microsoft maintains that the plaintiffs are not entitled to ESPP benefits because the terms of the plan were never communicated to them and they were therefore unaware of its provisions when they performed their employment services.a€¦In any event, to the extent that knowledge of an offer of benefits is a prerequisite, it is probably sufficient that Microsoft publicly promulgated the plan.
We are not required to rely, however, on the [this] analysis or even on Microsofta€™s own unwitting concession.
Applying these principles, we agree with the magistrate judge, who concluded that Microsoft, which created a benefit to which the plaintiffs were entitled, could not defend itself by arguing that the plaintiffs were unaware of the benefit, when its own false representations precluded them from gaining that knowledge.
For the reasons stated, the district courta€™s grant of summary judgment in favor of Microsoft and denial of summary judgment in favor of the plaintiffs is REVERSED and the case REMANDED for the determination of any questions of individual eligibility for benefits that may remain following issuance of this opinion and for calculation of the damages or benefits due the various class members. In a 1993 Wall Street Journal article, James Bovard asserted that the IRS a€?is carrying out a sweeping campaign to slash the number of Americans permitted to be self-employeda€”and to punish the companies that contract with thema€¦IRS officials indicate that more than half the nationa€™s self-employed should no longer be able to work for themselves.a€? Why did Microsoft want these employees to a€?be able to work for themselvesa€?? It seems unlikely that the purpose of the IRSa€™s campaign was really to keep people from working for themselves, despite Mr.
Why did the IRS and the court determine that these a€?independent contractorsa€? were in fact employees? The right to claim damages in case of death was recognized as early as in the year 1846 under the common law.
A bill has been introduced by the Ministry proposing stringent punishment for traffic offences such as drunken driving and an accident in which a child is killed. To take care of the fast increasing number of both commercial vehicles and personal vehicles in the country. Stricter procedures relating to grant of driving licences and the period of validity thereof. Removal of time limit for filling of application by road accident victims for compensation. Where death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle be liable to pay compensation in respect of such death or disablement.
The amount of compensation which shall be payable in respect of the death of any person shall be fixed sum of Rs. Claimant shall not be required to plead and establish that the death or permanent disablement in respect of which the claim has been made was due to any wrongful act, neglect or default of the owner or owners. The claim shall not be defeated by reason of any wrongful act, neglect or default of the person in respect of whose death or permanent disablement the claim has been made nor shall the quantum of compensation in respect of such death or permanent disablement be reduced on the basis of the share of such person in the responsibility for such death or permanent disablement. The owner of the motor vehicle of the authorized insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of motor vehicle, compensation, as indicated in the Second Schedule, to the legal heirs or the victim as the case may be. However where the person is entitled to claim compensation under section 140 and section 163A, he shall file the claim under either of the said section and not under both. Where the identity of the vehicles is not traceable such cases are called hit and run cases, a  fixed compensation is provided to the victims from the Solatium Fund created by the Government.
An application for compensation is made under section 166 of the Motor Vehicles Act and shall be accompanied by a court fee of Rs.
Name and address of Police station in whose jurisdiction the accident took place or was registered.
No application for compensation shall be entertained unless it is made within six months of the occurrence of the accident.
An appeal against the order of the Claims Tribunal lies to the High Court and may be filed within ninety days from the date of the award. No appeal shall lie against an award if the amount in dispute in the appeal is less than 10,000 rupees. The Motor Vehicles Act, 1988 provides for punitive provisions wherein sentence or fine or both is imposed on the violators.
The Motor Vehicles Act provides various Rules & Regulations for the public and it has wide importance in our society due to advancement in automobile industry. If your wear prescription glasses, it is always advisable that you keep a spare set whenever you are going out for long rides on your bike. Union Cabinet, headed by Prime Minister Shri Narendra Modi, has passed the Motor Vehicle (Amendment) Bill 2016 in order to improve road safety and prevent unfortunate events from happening on the road. The Bill reveals extremely hefty fines for traffic violations and it is based on the inputs of Transport Ministers from 18 states. According to statistics, 5 Lakhs road accidents are reported all over the country every year from which 1.5 Lakhs people lose their lives.
Also, all fines relating to helmet-less riding, drunk driving and juvenile offences have been revised with much more hefty fines and penalties.
Similarly, no word on compulsory quality training to license applicants so that we have more educated drivers on the road. If a person can buy his underage son a bike worth a more than lakh or allow him to drive his merc, he won't have any problem paying a few extra bucks.
And forget the increased fines, we are forgetting that this is India, a 100 Rs bribe can get rid of any offence, be it red light jumping, helmetless riding or driving under influence. I would like to thank my legs for supporting me, my arms for being always by my side and my fingers; I could always count on them. With increase in compensation the insurance companies will immediately hike the premium to much higher levels. And what is the method to check the police officers if they are noting down correct offence. Make cases out of such people education the rest on the evils of not following traffic rules. Download the Business-in-a-Box software to instantly access the entire collection of 1,800+ business and legal document templates! With the most complete library of document templates available today, Business-in-a-Box will cover all your writing needs from the day you launch your business until maturity. Written by lawyers and business consultants, all document drafts provide high-quality, legally sound content that conveys a polished corporate image. Save documents in Word format (.doc) and enjoy total editing capabilities by using MS Office (2010, 2007, 2003, XP and 2000), iWork, or the built-in Text Editor. All documents are available in English, French, Spanish, Chinese, German, Italian and Portuguese. Since 2001, Biztree has helped over 10,000,000 entrepreneurs, business owners, executives and managers to start, run and grow their business more efficiently. Whether you need to write a business plan, legal contracts, proposals, business letters, board resolutions, policies, spreadsheets or any other business document, simply fill in the blanks and get the job done in minutes!
Indicates to the driver of a vehicle that a single carriageway freeway begins and that the provisions of sign R401 are applicable on the section of the public road beyond such sign. Servicing your luxury vehicle Africa Style!!Can my traffic fine be reduced if I broke the law to attend to some emergency at home?
See the license for more details, but that basically means you can share this book as long as you credit the author (but see below), don't make money from it, and do make it available to everyone else under the same terms.

However, the publisher has asked for the customary Creative Commons attribution to the original publisher, authors, title, and book URI to be removed. Most organized human activitya€”and virtually all commercial activitya€”is carried on through agency. A tort is no less harmful when committed by an agent; a contract is no less binding when negotiated by an agent. He is said to have been the first person from the Mayflower to set foot on Plymouth Rock in 1620; he was a carpenter, a cooper (barrel maker), and a diplomat. Alden was the captaina€™s agent: he was specifically authorized to speak in his name in a manner agreed on, toward a specified end, and he accepted the assignment in consideration of the captaina€™s friendship. Could he have made promises to Priscilla on the captaina€™s behalfa€”for example, that Standish would have built her a fine house? Suppose, for example, that he had ridden at breakneck speed to reach Priscillaa€™s side and while en route ran into and injured a pedestrian on the road. It therefore deals with three different relationships: between principal and agent, between principal and third party, and between agent and third party.
One common form of a personal general agent is the person who holds anothera€™s power of attorney. Until the early nineteenth century, any employee whose work duties were subject to an employera€™s control was called a servant; we would not use that term so broadly in modern English. There is an important distinction made between the status of a servant and that of an independent contractorA person who is hired to accomplish a result but is not subject to specific control by the one hiring..
For example, employers are required to withhold income taxes from their employeesa€™ paychecks.
Thus the general rules of contract law covered in Chapter 8 "Contracts" govern the law of agency.
If both principal and agent lack capacitya€”for example, a minor appoints another minor to negotiate or sign an agreementa€”there can be no question of the contracta€™s voidability. The agency relationship then is said to have been implied a€?by operation of law.a€? Children in most states may purchase necessary itemsa€”food or medical servicesa€”on the parenta€™s account.
On November 1, Arthur buys materials at Lumber Yarda€”as he has been doing since early springa€”and charges them to Paula€™s account.
But these general duties are not unique to agency law; they are duties owed by any employee to the employer.
A broker hired as a purchasing agent, for instance, may not sell to his principal through a company in which he or his family has a financial interest. Such information could easily be turned to the disadvantage of the principal if the agent were to compete with the principal or were to sell the information to those who do. These duties are not necessarily unique to agents: a nonfiduciary employee could also be bound to these duties on the right facts. The agent is under a legal duty to perform his work with the care and skill that is a€?standard in the locality for the kind of work which he is employed to performa€? and to exercise any special skills, if these are greater or more refined than those prevalent among those normally employed in the community.
An overly fastidious florist may not instruct her truck driver to steer clear of the local bar on his way home from delivering flowers at the end of the day. A principala€™s wishes may have been stated ambiguously or may be broad enough to confer discretion on the agent. Nor should the agent continue to expend the principala€™s funds in a quixotic attempt to gain business, sign up customers, or produce inventory when it is reasonably clear that such efforts would be in vain.
What is reasonable depends on the customs of the industry or trade, prior dealings between agent and principal, and the nature of the agreement creating the agency. If the agent has actual notice or reason to know of information that is relevant to matters entrusted to him, he has a duty to inform the principal. The family reasoned that after the expiration of the employment contract, Sharp was employed only in a managerial capacity, not as an inventor. Nevertheless, the principal has a number of contractually related obligations toward his agent.
In brief, a principal has a duty a€?to refrain from unreasonably interfering with [an agenta€™s] work.a€?Restatement (Second) of Agency, Section 434. Unless the agreement explicitly provides otherwise, the principal has a duty to indemnify or reimburse the agent.
In large numbers of cases, workers who were mutilated or killed on the job found themselves and their families without recompense.
The employee gives up the right to sue the employer (and, in some states, other employees) and receives in exchange predetermined compensation for a job-related injury, regardless of who caused it.
If the loss is partial (like partial loss of sight), the recovery is decreased by the percentage still usable.
In those states the employer may decline to participate, in which event the employee must seek redress in court. First, they may purchase employera€™s liability and workersa€™ compensation policies through private commercial insurance companies.
The problem is, from the employera€™s point of view, that the cost of buying insurance is tied to the number of claims made. As a general rule, on-the-job injuries are covered no matter what their relationship to the employeea€™s specific duties.
Courts are apt to be liberal in construing statutes to include those who might not seem to be employed.
A difficult issue is whether a worker is entitled to compensation for psychological injury, including cumulative trauma. The fiduciary duty is the duty to act always in the interest of the principal; the duty here includes that to avoid self-dealing and to preserve confidential information. Admittedly, this individual, one Buster Douglas, is not its employee in the usual sense but with the knowledge of defendant, he did station himself in front of its restaurant, wore a doormana€™s uniform and had been parking its customersa€™ autos. Standing in front of the door was Buster Douglas, dressed in a self-supplied uniform, comprised of a regular doormana€™s cap and matching jacket. He stationed himself in front of each restaurant during the course of an evening and was so engaged during the evening of April 20, 1968.
There was a man out there parking cars for the block, but he was in no way connected with us or anything like that. Well, I knew the mana€™s face because I used to work in a club on 55th Street and he was there.
Clearly, under these circumstances, apparent authority has been shown and Douglas acted within the scope of this authority. A restaurateur knows that this is the impression created by allowing a uniformed attendant to so act. It is doubtful that any prudent driver would entrust his car to a strange person on the street, if he thought that the individual had no authorization from the restaurant or club or had no connection with it, but was merely an independent operator with questionable financial responsibility.
Each party derived a benefit from the arrangement: Douglas being willing to work for gratuities from customers, and the defendant, at no cost to itself, presenting the appearance of providing the convenience of free parking and doorman services to its patrons. Why did the court determine his negligence could nevertheless be imputed to the restaurant? Microsoft fully integrated the plaintiffs into its workforce: they often worked on teams along with regular employees, sharing the same supervisors, performing identical functions, and working the same core hours. Freelancers wore badges of a different color, had different electronic-mail addresses, and attended a less formal orientation than that provided to regular employees. The SPPa€¦is a cash or deferred salary arrangement under A§ 401k of the Internal Revenue Code that permits Microsofta€™s employees to save and invest up to fifteen percent of their income through tax-deferred payroll deductions.a€¦Microsoft matches fifty percent of the employeea€™s contribution in any year, with [a maximum matching contribution]. Microsoft regarded the plaintiffs as independent contractors during the relevant period and learned of their common-law-employee status only after the IRS examination.
The provisions of the Plan shall, accordingly, be construed so as to extend and limit participation in a manner consistent with the requirements of that Section of the Code. Accordingly, we find that the ESPP, through its incorporation of A§ 423, expressly extends eligibility for participation to the plaintiff class and affords them the same options to acquire stock in the corporation as all other employees. First, the label used in the instruments signed by the plaintiffs does not control their employment status.
In [Citation], the plaintiff was unaware of the companya€™s severance plan until shortly before his termination.
There is a compelling reason, implicit in some of the preceding discussion, that requires us to reject the companya€™s theory that the plaintiffsa€™ entitlement to ESPP benefits is defeated by their previous lack of knowledge regarding their rights.
Because Microsoft misrepresented both the plaintiffsa€™ actual employment status and their eligibility to participate in the ESPP, it is responsible for their failure to know that they were covered by the terms of the offer.
Fixed compensation on the principle of no fault as provided under Section 140 of the ActII.
Fines have also been proposed to the enhanced manifold in order to curb the menace of traffic violation leading to accidents. It must therefore be shown that identity of the motor vehicle which caused the accident could not be traced or ascertained inspite of reasonable efforts, meaning thereby that the accident must be shown to have occurred on account of the victim being hit by some unidentified vehicle which hit him and ran away. Even Criminal Laws deals with a situation when driver of offending vehicle commits accident due to sheer negligent leading to death of the Victim.
If any of the rules of the Act are violated, serious punishments are imposed upon the offender. From a close knit national community of bikers to India's only motorcycling lifestyle magazine and a place to make like minded biker friends. The 30ft road to get to the highway has stalls on the side while connecting a population of ~10000 to get to office. Join the 100ft wide main road which is the Bombay highway and you hit the 'JNTU junction'(not really a junction now) in 100 mts. Rythubazaar smells like I'm driving through a horse's ass and street hawkers and people driving in opposite to make up a small distance take up the other part of the lane while 100mts frion the U-turn the Police is busy collecting 'challans' from DCMs. Build better infrastructure so that those following the rules can have a guide and hound the police to do their job better than just write fines or collect 'challans'.
But it would be a strong deterrent for traffic violaters if challans follow them to their place of residence with deadlines. We are constantly adding new documents and features to address user requests and the evolving business landscape.
Our Business-in-a-Box software gives you unlimited lifetime access to our entire collection of 1,800 business and legal document templates. For the purposes of subsection (5) the driver of the second vehicle may make the driver of the first vehicle aware that he or she intends to overtake the first vehicle by giving the driver thereof a visible signal by means of flashing the headlights of his or her vehicle. You may also download a PDF copy of this book (13 MB) or just this chapter (430 KB), suitable for printing or most e-readers, or a .zip file containing this book's HTML files (for use in a web browser offline).
What does need to be taken into account, though, is the manner in which an agent acts on behalf of his principal and toward a third party.
His agency taska€”of interest herea€”was celebrated in Henry Wadsworth Longfellowa€™s a€?The Courtship of Miles Standish.a€? He was to woo Priscilla Mullins (d. These relationships can be summed up in a simple diagram (see Figure 9.1 "Agency Relationships"). The general agent may be the manager of a business or may have a more limited but nevertheless ongoing rolea€”for example, as a purchasing agent or as a life insurance agent authorized to sign up customers for the home office. For example, a real estate broker is usually a special agent hired to find a buyer for the principala€™s land. A literary or authora€™s agent, for example, customarily agrees to sell a literary work to a publisher in return for a percentage of all monies the author earns from the sale of the work. An insurance company, for example, might name a general agent to open offices in cities throughout a certain state.
According to the Restatement (Second) of Agency, Section 2, a€?an independent contractor is a person who contracts with another to do something for him but who is not controlled by the other nor subject to the othera€™s right to control with respect to his physical conduct in the performance of the undertaking.a€? As the name implies, the independent contractor is legally autonomous. But payment to an independent contractor, such as the plumber for hire, does not require such withholding.
As the North Dakota Workmena€™s Compensation Bureau put it in a bulletin to real estate brokers, a€?It has come to the Bureaua€™s attention that many employers are requiring that those who work for them sign a€?independent contractora€™ forms so that the employer does not have to pay workmena€™s compensation premiums for his employees. For example, Abe asks Byron to run some errands for him: to buy some lumber on his account at the local lumberyard.
Long-standing social policy deems it desirable for the head of a family to support his dependents, and the courts will put the expense on the family head in order to provide for the dependentsa€™ welfare. All corporate transactions, including those involving governmental organizations, are so conducted because corporations cannot themselves actually act; they are legal fictions. This literalist approach is justified by the more general principle that we each should be free to act unless we commit ourselves to a particular course. It imposes a fiduciary dutyThe duty of an agent to act always in the best interest of the principal, to avoid self-dealing.. The penalty for breach of fiduciary duty is loss of compensation and profit and possible damages for breach of trust. The law therefore prohibits an agent from using for his own purposes or in ways that would injure the interests of the principal, information confidentially given or acquired. In short, the agent may not lawfully do a sloppy job.Restatement (Second) of Agency, Section 379. A principal may prescribe uniforms for various classes of employees, for instance, and a manufacturing company may tell its sales force what sales pitch to use on customers. This duty is especially critical because information in the hands of an agent is, under most circumstances, imputed to the principal, whose legal liabilities to third persons may hinge on receiving information in timely fashion. Sharp, Sharp made a deal with Grip Nut Company that in return for a salary and bonuses as company president, he would assign to the company any inventions he made.Grip Nut Co. The principal is allowed, however, to compete with the agent unless the agreement specifically prohibits it.
Bill lights up a cigarette near the shed anyway, a spark lands on the ground, the dynamite explodes, and Bill is injured.
Union pressure and grass roots lobbying led to workersa€™ compensationLaws imposing strict employer liability for injuries sustained by employees in the scope of employment. This trade-off was felt to be equitable to employer and employee: the employee loses the right to seek damages for pain and sufferinga€”which can be a sizable portion of any jury awarda€”but in return he can avoid the time-consuming and uncertain judicial process and assure himself that his medical costs and a portion of his salary will be paida€”and paid promptly. Even an employee who is able to work may be eligible to receive compensation for specific injuries. The loss of the first phalange and any part of the second phalange of a thumb which includes the loss of any part of the bone of such second phalange, shall be considered to be equal to the loss of the entire thumb. But in those states permitting an employer election, the old common-law defenses (fellow-servant rule, contributory negligence, and assumption of risk) have been statutorily eliminated, greatly enhancing an employeea€™s chances of winning a suit.
Approximately half the states now provide coverage for household workers, although the threshold of coverage varies widely from state to state. These policies consist of two major provisions: payment by the insurer of all claims filed under workersa€™ compensation and related laws (such as occupational disease benefits) and coverage of the costs of defending any suits filed against the employer, including any judgments awarded. The laws specify conditions under which companies may resort to self-insurance, and generally only the largest corporations qualify to do so. The employer therefore has reason to assert the injured employee is not eligible for compensation. Until the 1970s, insurance companies and compensation boards required physical injury before making an award. The general duty owed by the agent encompasses the sorts of obligations any employee might have: the duty of skill and care, of good conduct, to keep and render accounts, to not attempt the impossible or impracticable, to obey, and to give information.
The contract duties are to warn the agent of hazards associated with the job, to avoid interfering with the agenta€™s performance of his job, to render accounts of money due the agent, and to indemnify the agent for business expenses according to their agreement.
The parties stipulated that if he were held to be defendanta€™s employee, this created a bailment between the parties [and the a€?employera€? would have to rebut a presumption of negligence if the customera€™s property was not returned to the customer].
Defendant clearly knew of and did not object to Douglasa€™ activities outside its restaurant. He parked cars for the Tamburlaine and also for the Chateau Madrid, Nepentha and a few places around the block. When we first opened up here, we didna€™t know if we would have a doorman or have parking facilities or what we were going to do at that time. Facility in parking is often a critical consideration for a motorist in selecting a restaurant in midtown Manhattan, and the Directoire was keenly aware of this fact as evidenced by its testimony that the management was looking into various other possibilities for solving customersa€™ parking problems. In any case, whatever private arrangements existed between the restaurant and Douglas were never disclosed to the customers.

That case similarly involved the theft of a car parked by a uniformed individual standing in front of defendanta€™s restaurant who, although not employed by it, parked vehicles for its patrons with the restauranta€™s knowledge and consent. It categorizes them as a€?regular employeesa€? and offers them a wide variety of benefits, including paid vacations, sick leave, holidays, short-term disability, group health and life insurance, and pensions, as well as the two benefits involved in this appeal. Because Microsoft required that they work on site, they received admittance card keys, office equipment and supplies from the company. They were not permitted to assign their work to others, invited to official company functions, or paid overtime wages. All eight named plaintiffs signed [employment agreements] when first hired by Microsoft or soon thereafter. They were common-law employees, and the question is what, if anything, Microsoft intended with respect to persons who were actually common-law employees but were not known to Microsoft to be such. They were paid through the accounts receivable department rather than the payroll department because of Microsofta€™s mistaken view as to their legal status. Second, the employment instruments, if construed to exclude the plaintiffs from receiving ESPP benefits, would conflict with the plana€™s express incorporation of A§ 423.
It may not now take advantage of that failure to defeat the plaintiffsa€™ rights to ESPP benefits. Alternative method of compensation or Payment of Compensation on structured formulae basis – Sec 163 AIII. We must understand the object behind the Act and should play vital role in its implementation since we are the sole beneficiaries and violators under the Act.
It will do more harm than any good to the society as all they seem to have done is increased the penalty amount for traffic-related offenses, which will ultimately fill the pockets of already notorious traffic cops. And somehow, the only time a Traffic police's job would be to control traffic is when there is a VIP passing and they need to hold vehicles. A 'drunk and drive' is only because the driver chose to drive and is even paying 20 lakhs and consolation in case of a event arising out of it. May be its just psychological but i do notice more patient crowd now at those intersections as compared to earlier with no cameras.
We might say a€?General Motors is building cars in China,a€? for example, but we cana€™t shake hands with General Motors. 1680), a€?the loveliest maiden of Plymouth,a€? on behalf of Captain Miles Standish, a valiant soldier who was too shy to propose marriage.
He attempted to carry out the assignment, but he did not perform according to expectations. In either case, the general agent has authority to alter the principala€™s legal relationships with third parties. Ordinarily, the power of attorney is used for a special purposea€”for example, to sell real estate or securities in the absence of the owner.
The literary agent also acts as a collection agent to ensure that his commission will be paid.
Deciding who is an independent contractor is not always easy; there is no single factor or mechanical answer.
Therefore, three contract principles are especially important: the first is the requirement for consideration, the second for a writing, and the third concerns contractual capacity. The courts achieve this result by supposing the dependent to be the family heada€™s agent, thus allowing creditors to sue the family head for the debt. The law infiltrates the contract creating the agency relationship and reverses the general principle that the parties are free to act in the absence of agreement.
The agent is not at liberty to act with impropriety or notoriety, so as to bring disrepute on the business in which the principal is engaged. On the other hand, certain tasks entrusted to agents are not subject to the principala€™s control; for example, a lawyer may refuse to permit a client to dictate courtroom tactics.
Service of process, for example, requires a defendant to answer within a certain number of days; an agenta€™s failure to communicate to the principal that a summons has been served may bar the principala€™s right to defend a lawsuit. The principal has a duty to inform his agent of risks of physical harm or pecuniary loss that inhere in the agenta€™s performance of assigned tasks. The employer must pay for all injuries, even those for which he is blameless, but in return he avoids the risk of losing a big lawsuit, can calculate his costs actuarially, and can spread the risks through insurance.
Part of the table of benefits for specific injuries under the Kansas statute is shown in Note 9.16 "Kansas Workersa€™ Compensation Benefits for Specific Injuries". The loss of the first and second phalanges and any part of the third proximal phalange of any finger, shall be considered as the loss of the entire finger. Since workersa€™ compensation statutes cut off the employeea€™s right to sue, how can such a lawsuit be filed?
In short, workersa€™ compensation systems create a tax on employers with which they are required (again, in most states) to buy insurance. Ann Arbor Public Schools, a University of Michigan student majoring in physical education was a student teacher in a junior high school.Betts v. Claims that job stresses led to nervous breakdowns or other mental disorders were rejected. The shop rights doctrine provides that inventions made by an employee using the employera€™s resources and on the employera€™s time belong to the employer. The tort duty owed by the principal to the agenta€”employeea€”is primarily the statutorily imposed duty to provide workersa€™ compensation for injuries sustained on the job. We just let it hang and I told this Buster, Buster was his name, that you are a free agent and you do whatever you want to do. Defendant here attempts to distinguish this case principally upon the ground that the parties in El Morocco stipulated that the a€?doormana€™ was an agent or employee of the defendant acting within the scope of his authority.
The named plaintiffs, who were classified by Microsoft as independent contractors, seek to strip that label of its protective covering and to obtain for themselves certain benefits that the company provided to all of its regular or permanent employees. Microsoft supplements its core staff of employees with a pool of individuals to whom it refuses to pay fringe benefits. Accordingly, Microsoft cannot now contend that the fact that they were paid through the accounts receivable department demonstrates that the company intended to deny them the benefits received by all common-law employees regardless of their actual employment status. Although Microsoft may have generally intended to exclude individuals who were in fact independent contractors, it could not, consistent with its express intention to extend participation in the ESPP to all common-law employees, have excluded the plaintiffs.
Thereafter Motor Vehicles Act, 1939 was enacted to specifically deal with accidents arising out from Motor Vehicle. What the people (including the authorities) need to realize that these are not bound by anything and they must be followed when anyone is on the road using a vehicle. No word on changing how driving licenses are issued to the applicants, which is perhaps the biggest problem in India as any Tom, ,Dick, or Harry can get a driving license here irrespective of whether he or she is mentally or physically capable of operating any vehicle or not.
People come in the opposite lanes when they want to overtake since there is a donkey blocking the car. One who is designated a general agent has the authority to act in any way required by the principala€™s business. But a person facing a lengthy operation and recuperation in a hospital might give a general power of attorney to a trusted family member or friend.
Albertaa€™s commission depends on the selling price, which, Sam states in a letter to her, a€?in any event may be no less than $150,000.a€? If Alberta locates a buyer, Bob, who agrees to purchase the property for $160,000, her signature on the contract of sale will not bind Sam. By agreeing with the principal that the agency is coupled with an interest, the agent can prevent his own rights in a particular literary work from being terminated to his detriment. But a plumber who hires himself out to repair pipes in peoplea€™s homes is an independent contractor. If the principal is a minor or otherwise lacks capacity, the contract can be avoided even if the agent is fully competent.
Recurring issues in agency law include whether the a€?agenta€? really is such, the scope of the agenta€™s authority, and the duties among the parties. The imputation to the principal of knowledge possessed by the agent is strict: even where the agent is acting adversely to the principala€™s interestsa€”for example, by trying to defraud his employera€”a third party may still rely on notification to the agent, unless the third party knows the agent is acting adversely. Failure to warn an agent that travel in a particular neighborhood required by the job may be dangerous (a fact unknown to the agent but known to the principal) could under common law subject the principal to a suit for damages if the agent is injured while in the neighborhood performing her job.
People who fall within the domestic category include maids, baby-sitters, gardeners, and handymen but generally not plumbers, electricians, and other independent contractors. The answer is that there are certain exceptions to the ban: for instance, a worker may sue if the employer deliberately injures an employee. The amount the employer has to pay for the insurance depends on the number and seriousness of claims madea€”how dangerous the work is. But most courts have liberalized the definition of injury and now recognize that psychological trauma can be real and that job stress can bring it on, as shown by the discussion of Wolfe v.
In reaction to common-law defenses that often exonerated the employer from liability for workersa€™ injuries, the early twentieth century saw the rise of workersa€™ compensation statutes.
Plaintiff then entered defendanta€™s restaurant, remained there for approximately 45 minutes and when he departed, Douglas was unable to locate the car which was never returned to plaintiff. I am tending bar in the place and what you do in the street is up to you, I will not stop you, but we are not hiring you or anything like that, because at that time, we didna€™t know what we were going to use the parking lot or get a doorman and put on a uniform or what. After certifying the named plaintiffs as representatives of a class of a€?common-law employees,a€? the district court granted summary judgment to Microsoft on all counts. It previously classified these individuals as a€?independent contractorsa€? or a€?freelancers,a€? but prior to the filing of the action began classifying them as a€?temporary agency employees.a€? Freelancers were hired when Microsoft needed to expand its workforce to meet the demands of new product schedules.
Instead, they submitted invoices for their services, documenting their hours and the projects on which they worked, and were paid through the accounts receivable department.
Indeed, Microsoft has pointed to no evidence suggesting that it ever denied eligibility to any employees, whom it understood to be common-law employees, by paying them through the accounts receivable department or otherwise.
Indeed, such an exclusion would defeat the purpose of including A§ 423 in the plan, because the exclusion of common-law employees not otherwise accepted would result in the loss of the plana€™s tax qualification. Further thereafter, Motor Vehicles Act, 1988 was enacted to consolidate and amend the law relating to accidents arising out of Motor Vehicles. Likewise, partnerships and other business organizations rely extensively on agents to conduct their business. Alden accepted his captaina€™s assignment, despite the knowledge that he would thus lose Priscilla for himself, and sought out the lady.
To restrict the general agenta€™s authority, the principal must spell out the limitations explicitly, and even so the principal may be liable for any of the agenta€™s acts in excess of his authority. As a special agent, Alberta had authority only to find a buyer; she had no authority to sign the contract.
If you hire a lawyer to settle a dispute, that person is not your employee or your servant; she is an independent contractor.
The five types of agents include: general agent, special agent, subagent, agency coupled with an interest, and servant (or employee).
Though he is free, in the absence of contract, to compete with his former principal, he may not use information learned in the course of his agency, such as trade secrets and customer lists. A principal is obliged to render accounts of monies due to agents; a principala€™s obligation to do so depends on a variety of factors, including the degree of independence of the agent, the method of compensation, and the customs of the particular business. First, the a€?fellow-servanta€? rule would bar recovery because the employer was held not to be responsible for torts committed by one employee against another.
These require the employer to provide no-fault insurance coverage for any injury sustained by the employee on the job. The company did not, of course, provide them with any of the employee benefits regular employees receive. Indeed, it is not an exaggeration to say that agency is the cornerstone of enterprise organization. For legal purposes, they are agents of both the principal and the principala€™s general agent, and both are liable for the subagenta€™s conduct although normally the general agent agrees to be primarily liable (see Figure 9.3 "Subagent").
The terms a€?agenta€? and a€?independent contractora€? are not necessarily mutually exclusive. This issue is discussed further in Chapter 10 "Liability of Principal and Agent; Termination of Agency". The independent contractor is not an employee; her activities are not specifically controlled by her client, and the client is not liable for payroll taxes, Social Security, and the like. When the five-year employment contract expired, Sharp continued to serve as chief executive officer, but no new contract was negotiated concerning either pay or rights to inventions. An agenta€™s reputation is no less valuable than a principala€™s, and so an agent is under no obligation to continue working for one who sullies it. Second, Billa€™s failure to heed Andya€™s warning and his decision to smoke near the dynamite amounted to contributory negligence.
In both cases, the claims are based on their contention that they are common-law employees.
I had to brake in emergency because of them running across the street and my car was rear ended twice. In a partnership each partner is a general agent, while under corporation law the officers and all employees are agents of the corporation. In fact, by definition, a€?a€¦ an independent contractor is an agent in the broad sense of the term in undertaking, at the request of another, to do something for the other.
But it is not uncommon for an employer to claim workers are independent contractors when in fact they are employees, and the cases are often hard-fought on the facts. The absence of any clause in the contract detailing the agenta€™s fiduciary duty does not relieve him of it. During the next ten years, Sharp invented a number of new products and developed new machinery to manufacture them; patent rights went to the company. Hence even if the dynamite had been negligently stored by the employer rather than by a fellow employee, the claim would have been dismissed.
On the last day of his student teaching, he walked into the locker room and thirty of his students grabbed him and tossed him into the swimming pool.
Gerald Hall, a golf pro employed by the local park department, was afforded coverage under the policy, which excluded a€?bodily injury to any employee of the insured arising out of and in the course of his employment by the insured.a€? That is, no employee of Halla€™s would be covered (rather, any such person would have coverage under workersa€™ compensation statutes).
However, he made one invention with two other employees and they assigned the patent to him. Third, the courts might have held that Bill had a€?assumed the riska€?: since he was aware of the dangers, it would not be fair to saddle the employer with the burden of Billa€™s actions. This was traditional, but he a€?didna€™t feel like going in that morninga€? and put up a struggle that ended with a whistle on an elastic band hitting him in the eye, which he subsequently lost as a result of the injury. But the state workmena€™s compensation board ruled against him, citing a variety of factors.
7-seater autos stop after the Red to pick up those PEDs right infront of a sign which says Autos should not stop or they will be fined Rs. At one time, Sharpa€™s son invented a leakproof bolt and a process to manufacture it; these, too, were assigned to Sharp. The school board argued that he could not be classified as an employee because he received no pay. The company did not establish hours for him, did not control his movements in any way, and did not reimburse him for mileage or any other expenses or withhold taxes from its straight commission payments to him. If Martin was an employee, the insurance company would be liable; if he was not an employee, the insurance company would not liable. Since he was injured by studentsa€”not considered agents of the schoola€”he would probably have been unsuccessful in filing a tort suit; hence the workersa€™ compensation claim was his only chance of recompense. He reported his taxes on a form for the self-employed and hired an accountant to prepare it for him.
The court agreed with the compensation board that these facts established the salesmana€™s status as an independent contractor. The evidence showed: sometimes the boys who a€?shaggeda€? balls got paid, got golfing instructions, or got food, so the question of compensation was ambiguous.

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