Exam 37: Agency Formation, Categories, and Authority

Mike calls Beth and asks her to referee a soccer game. Beth is not obligated to work the game. If she accepts the assignment and works the game, she is told the time of the game, she must wear an approved uniform, and she is paid a fee. Once on the field, she is in complete control. Beth would be considered what type of agent?

Agency is described as a fiduciary relationship that results when a principal manifests consent to an agent to act on the principal's behalf subject to the principal's control.

Courts look to state __________ law and statutes for guidance in determining independent contractor status.

Termination by the principal is known as __________.

Courts look to state common law and statutes for guidance in determining independent contractor status.

In Avanti Press v. Employment Department Tax Section, 274 P. 3d 190 (Or. Ct. App. 2012), the Oregon Court of Appeals:

The consequences of a business owner or manager misclassifying an employee may be __________.

The Restatements define the creation of an agency relationship in terms of consent and __________.

Agents who act on behalf of a principal without receiving any compensation are called __________ agents.

The person from whom an agent has received instruction and authorization and to whose benefit the agent is expected to perform and make decisions pursuant to an agency relationship is called the __________.

Individual employees who are authorized to transact business on behalf of the employer/principal are called __________ agents.

Agency is described as a __________ relationship that results when a principal manifests consent to an agent to act on the principal's behalf subject to the principal's control.

When the agent initiates the termination, it is known as __________.

Much of agency law exists on the state statutory level and is based on the Restatement (Second) of Agency.

Many states have adopted the __________ test in their agency law as a standard for determining agency status.

One who agrees to act and is authorized to act on behalf of another, a principal, to legally bind the principal in particular business transactions with third parties pursuant to an agency relationship is the __________.

An agency transaction ends when the agency is terminated by the __________.

Only an agent may end the agency through termination simply by communicating the desire to terminate the relationship.

What company agreed to settle a class action lawsuit by paying approximately $100 million to roughly 385,000 drivers where drivers were claiming that they were actually employees under the California Labor Code and they should receive worker protections and benefits under California law?

What agency created a three-prong test to determine an agent's status?