Alice V. Perry: Court Case
2. Decision has to be taken in favor of Perry. In this case, Alice was a dual agent. When representing two principals it is likely the interest of one party was to suffer. Alice has breached her fiduciary to both Perry and David. After Perry discovered that David employed Alice he had the right to rescind.
8. In this case there are judgment for Timothy assuming that a lawyer acting reasonably would have had the opportunity to realize the revised statute of limitations period. As an agent, Cynthia was supposed to act with care, competence, and diligence. Cynthia is an attorney, which claims to possess a special skill in that field and failed to act with knowledge of it.
10. A principal is liable for torts committed by an employee. In …show more content…
Carter sold property to his daughter and son in law without informing Sierra Pacific the relationship he has with buyers. The substantive law is when agent bears fiduciary relationship to his or her principal which requires disclosures of all information in the agent’s possession. Also, as an agent, Carter should have refrain from dual representation in a sale transaction unless he received consent from both parties after full disclosure. If the agent is related to the buyer it can be acquiring interest to the property, the relationship is a material fact that must be …show more content…
There are many factors to be taken into consideration in determining whether one who performs services for another is an employee or an independent contractor. The consideration is “the extent of control which, by the agreement, the master may exercise over the details of the work”. An employee is responsible to the employee’s physical conduct in performing the services. Independent contractors are not subject to control or right of control. Redford is self-employed and came to do the work that Tube Art had requested him to do. Therefore, Tube Art is responsible for all of his actions.
Hanson
No, Kynast is not an agent of Ashland. The relationship of principal and agent exists only when one party has the right of control over the actions of another and those actions are directed toward the attainment of an objective, which the former seeks. Both students are voluntarily being part of the university sports team. If the student is attending the university he or she is agreeing to the rules and policies of that university.
Tony
8. In this case there are judgment for Timothy assuming that a lawyer acting reasonably would have had the opportunity to realize the revised statute of limitations period. As an agent, Cynthia was supposed to act with care, competence, and diligence. Cynthia is an attorney, which claims to possess a special skill in that field and failed to act with knowledge of it.
10. A principal is liable for torts committed by an employee. In …show more content…
Carter sold property to his daughter and son in law without informing Sierra Pacific the relationship he has with buyers. The substantive law is when agent bears fiduciary relationship to his or her principal which requires disclosures of all information in the agent’s possession. Also, as an agent, Carter should have refrain from dual representation in a sale transaction unless he received consent from both parties after full disclosure. If the agent is related to the buyer it can be acquiring interest to the property, the relationship is a material fact that must be …show more content…
There are many factors to be taken into consideration in determining whether one who performs services for another is an employee or an independent contractor. The consideration is “the extent of control which, by the agreement, the master may exercise over the details of the work”. An employee is responsible to the employee’s physical conduct in performing the services. Independent contractors are not subject to control or right of control. Redford is self-employed and came to do the work that Tube Art had requested him to do. Therefore, Tube Art is responsible for all of his actions.
Hanson
No, Kynast is not an agent of Ashland. The relationship of principal and agent exists only when one party has the right of control over the actions of another and those actions are directed toward the attainment of an objective, which the former seeks. Both students are voluntarily being part of the university sports team. If the student is attending the university he or she is agreeing to the rules and policies of that university.
Tony