Agent's Intentional Torts Liability

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Who is responsible for an agent's intentional torts?

The employer

The agent themselves (correct)

The independent contractor

A third-party beneficiary

What is the liability of an employer in regards to an agent's intentional torts?

Vicarious liability

Joint and several liability

No liability (correct)

Strict liability

What is the relationship between an employer and an independent contractor?

Employer-employee relationship

No relationship

Conflicting interests

Principal-agent relationship (correct)

What is the key characteristic of an independent contractor's relationship with an employer?

1099 independent contractor status Signup and view all the answers

What type of liability does an employer have for an independent contractor's negligent torts?

No liability Signup and view all the answers

Who is always liable for an agent's crimes?

The principal Signup and view all the answers

When is the principal not liable for an agent's actions?

When the agent's actions are outside the scope of their employment Signup and view all the answers

What is a factor in determining the principal's liability for an agent's crimes?

The agent's propensity to commit crimes Signup and view all the answers

Who would be liable if a bouncer with a past of hitting people was hired and hit someone?

The bouncer and the principal Signup and view all the answers

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 Signup and view all the answers

What is the primary purpose of the Workers' Compensation Act?

To provide disability payments to employees injured on the job Signup and view all the answers

Which act requires employers to provide 12 weeks of unpaid leave for family or medical emergencies?

Family and Medical Leave Act Signup and view all the answers

What is the minimum wage required by the Fair Labor Standards Act?

$7.25 per hour Signup and view all the answers

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 Signup and view all the answers

What is the purpose of the Occupational Safety and Health Act (OSHA)?

To promote safe working conditions Signup and view all the answers

Which act sets standards for managing and distributing private pension plan funds?

ERISA Signup and view all the answers

What is the general rule regarding unilateral mistakes in a contract?

The mistaken party generally cannot avoid the contract Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

What is a specific type of unilateral mistake that can be an exception to the general rule?

A mathematical error Signup and view all the answers

What is the case that illustrates the concept of unilateral mistakes in contracts?

Smith v. Wichelhaus Signup and view all the answers

What is the exception to reasonable accommodations for otherwise qualified employees?

Undue hardship on the employer Signup and view all the answers

What is a necessary element of a valid contract?

Consideration in the form of a promise Signup and view all the answers

What is the requirement for contractual capacity?

Having a 'right mind' Signup and view all the answers

What makes a contract unlawful?

It is against public policy Signup and view all the answers

What are the requirements for a mutual mistake to avoid a contract?

The mistake must be material and affect the 'deal' Signup and view all the answers

What type of mistake can be used to rescind a contract?

Mistake of fact Signup and view all the answers