27 Questions
Who is responsible for an agent's intentional torts?
The agent themselves
What is the liability of an employer in regards to an agent's intentional torts?
No liability
What is the relationship between an employer and an independent contractor?
Principal-agent relationship
What is the key characteristic of an independent contractor's relationship with an employer?
1099 independent contractor status
What type of liability does an employer have for an independent contractor's negligent torts?
No liability
Who is always liable for an agent's crimes?
The principal
When is the principal not liable for an agent's actions?
When the agent's actions are outside the scope of their employment
What is a factor in determining the principal's liability for an agent's crimes?
The agent's propensity to commit crimes
Who would be liable if a bouncer with a past of hitting people was hired and hit someone?
The bouncer and the principal
What is the principal's responsibility regarding an agent's criminal history?
To be aware of the agent's criminal history and take necessary precautions
What is the primary purpose of the Workers' Compensation Act?
To provide disability payments to employees injured on the job
Which act requires employers to provide 12 weeks of unpaid leave for family or medical emergencies?
Family and Medical Leave Act
What is the minimum wage required by the Fair Labor Standards Act?
$7.25 per hour
Under what circumstances can an employer require a job applicant to take a lie detector test?
Only for jobs involving theft or handling of cash
What is the purpose of the Occupational Safety and Health Act (OSHA)?
To promote safe working conditions
Which act sets standards for managing and distributing private pension plan funds?
ERISA
What is the general rule regarding unilateral mistakes in a contract?
The mistaken party generally cannot avoid the contract
What is an exception to the general rule regarding unilateral mistakes in a contract?
The other party knew or should have known of the mistake
What is an example of a unilateral mistake in a contract?
Wichelhaus agrees to sell 250 bales of cotton from India to be transported on the Peerless from Bombay to Liverpool
What is a specific type of unilateral mistake that can be an exception to the general rule?
A mathematical error
What is the case that illustrates the concept of unilateral mistakes in contracts?
Smith v. Wichelhaus
What is the exception to reasonable accommodations for otherwise qualified employees?
Undue hardship on the employer
What is a necessary element of a valid contract?
Consideration in the form of a promise
What is the requirement for contractual capacity?
Having a 'right mind'
What makes a contract unlawful?
It is against public policy
What are the requirements for a mutual mistake to avoid a contract?
The mistake must be material and affect the 'deal'
What type of mistake can be used to rescind a contract?
Mistake of fact
Test your knowledge on who's liable for an agent's intentional torts. Learn about the principles of agency law and how they apply to intentional torts. Identify the responsible party in different scenarios.
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