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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. Let’s analyze this sequence of events in legal terms—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 Standish’s wishes.
Is Alden liable to Standish for stealing the heart of Priscilla—that is, for taking the “profits” of the enterprise for himself? As these questions suggest, agency law often involves three parties—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 principal’s behalf.
This distinction between agent and independent contractor has important legal consequences for taxation, workers’ 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 worker’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 “principal,” knowing that the “agent” is behaving so, acquiesces, allowing the person to hold himself out as an agent. As many Ontarians are aware, the auto insurance rates in the province are the highest in the country.
The primary proposed benefit of a public auto insurance system is a reduction in costs, which proponents claim might be achieved by the following.
The Insurance Bureau of Canada (IBC) polled independent insurance researchers, asking them whether or not they thought Ontario needed a new insurance system.
Instead of changing the whole system, reformers suggesting making amendments such as those listed below. As per the Auto Insurance Cost and Rate Reduction Strategy that the government put into action in August 2013, Ontario drivers will hopefully continue to see their premiums drop over the next year.
The IBC explains what you can expect: “What the government has promised to do is reduce rates on average by 15% – across the whole Ontario auto insurance market – by August 2015.
If you are ever involved in an accident and need to file a claim, call Preszler Law in Ontario for assistance. Swimming Pool Liability – Preszler Law Featured on The Morning Show!During the summer, people like to keep cool by jumping and driving into their swimming pools.
Sports Injury Claims – Preszler Law Featured on The Morning Show!While taking part in outdoor or sporting activities, it’s important to know what you can do before and after an injury has occurred. Our state-of-the-art clinic offers a full range of physical therapy services designed to treat a wide range of acute injuries, chronic conditions, and other rehabilitation needs. In addition to transporting drill pipe, this individual would also be responsible for getting needed supplies from boats down to the drilling floor. In this case, the calculation, as well as design for various procedures specific to drilling and oil well production would be the primary job responsibility. Most organized human activity—and virtually all commercial activity—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 captain’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 captain’s friendship. Could he have made promises to Priscilla on the captain’s behalf—for example, that Standish would have built her a fine house? Suppose, for example, that he had ridden at breakneck speed to reach Priscilla’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 another’s power of attorney. Until the early nineteenth century, any employee whose work duties were subject to an employer’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 employees’ paychecks. Thus the general rules of contract law covered in Chapter 8 “Introduction to Contract Law” through Chapter 16 “Remedies” govern the law of agency. If both principal and agent lack capacity—for example, a minor appoints another minor to negotiate or sign an agreement—there can be no question of the contract’s voidability. The agency relationship then is said to have been implied “by operation of law.” Children in most states may purchase necessary items—food or medical services—on the parent’s account. On November 1, Arthur buys materials at Lumber Yard—as he has been doing since early spring—and charges them to Paul’s account. The average annual premium in Ontario was $1,544.86 in 2012, a massive 45 percent more than in Alberta, reports The Globe and Mail.
The Consumers Association of Canada studied industry practices and concluded that “a properly run public insurance system was the best choice,” reports The Globe and Mail. Many think improving in the current system is the way to go, rather than creating a new government-run program.
Contact us today at 1-800-JUSTICE® to set up a legal consultation and let’s see how we may be of service to you. Preszler Law’s John Philip discusses the questions parents need to ask and things to look for before leaving a child at summer camp. Our Consultants have designed and registered over 100 training programs, coordinated 17 company expansion projects, assisted with the opening of 6 new Private Career Colleges, trained 39 facilities on PCC compliance, developed hundreds of custom documents, completed hundreds of online ministry submissions, and more.
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 task—of interest here—was celebrated in Henry Wadsworth Longfellow’s “The Courtship of Miles Standish.” He was to woo Priscilla Mullins (d. These relationships can be summed up in a simple diagram (see Figure 18.1 “Agency Relationships”).
The general agent may be the manager of a business or may have a more limited but nevertheless ongoing role—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 principal’s land. A literary or author’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, “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 other’s right to control with respect to his physical conduct in the performance of the undertaking.” 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 Workmen’s Compensation Bureau put it in a bulletin to real estate brokers, “It has come to the Bureau’s attention that many employers are requiring that those who work for them sign ‘independent contractor’ forms so that the employer does not have to pay workmen’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 dependents’ welfare. All corporate transactions, including those involving governmental organizations, are so conducted because corporations cannot themselves actually act; they are legal fictions. While it’s clear that’s there’s a problem in the industry, authorities and industry leaders are at odds with how to rectify the situation. Their recommendations: the industry and government should contain costs by reducing high claims costs and fraud in the GTA,” reports the IBC.
Preszler Law’s John Philip discusses the liability that comes with having a swimming pool and how you can protect yourself before an injury occurs. We might say “General Motors is building cars in China,” for example, but we can’t shake hands with General Motors. 1680), “the loveliest maiden of Plymouth,” 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 principal’s legal relationships with third parties. Ordinarily, the power of attorney is used for a special purpose—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 head’s agent, thus allowing creditors to sue the family head for the debt.
Standish turned to John Alden, his young and eloquent protege, and beseeched Alden to speak on his behalf, unaware that Alden himself was in love with Priscilla. One who is designated a general agent has the authority to act in any way required by the principal’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. Alberta’s commission depends on the selling price, which, Sam states in a letter to her, “in any event may be no less than $150,000.” 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 people’s homes is an independent contractor.
Microsoft Corporation, discussed in Chapter 18, Section 3.2 “Employee versus Independent Contractor”, examines the distinction.
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 “agent” really is such, the scope of the agent’s authority, and the duties among the parties. Likewise, partnerships and other business organizations rely extensively on agents to conduct their business. Alden accepted his captain’s assignment, despite the knowledge that he would thus lose Priscilla for himself, and sought out the lady. To restrict the general agent’s authority, the principal must spell out the limitations explicitly, and even so the principal may be liable for any of the agent’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). 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 principal’s general agent, and both are liable for the subagent’s conduct although normally the general agent agrees to be primarily liable (see Figure 18.3 “Subagent”). This issue is discussed further in Chapter 19 “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. 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, “… 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. Gerald Hall, a golf pro employed by the local park department, was afforded coverage under the policy, which excluded “bodily injury to any employee of the insured arising out of and in the course of his employment by the insured.” That is, no employee of Hall’s would be covered (rather, any such person would have coverage under workers’ compensation statutes). 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. 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 salesman’s status as an independent contractor. The evidence showed: sometimes the boys who “shagged” balls got paid, got golfing instructions, or got food, so the question of compensation was ambiguous.

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22.02.2016 admin

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