So the test is a degree, and it`s not always easy to decide when a detour has become so big that it turns into hype. For a while, a more mechanical ruler was used to help with decision-making. The courts have taken into account the intentions of the servant in the « diversion ». If the servant`s mind was obsessed with achieving its own goals, then the detour was considered to be outside the field of activity; therefore, the offence was not attributed to the master. But if the servant also intended to carry out the intentions of his master when he left the letter of his task, or if he committed the wrong when he returned to his master`s task after his exuberance had been accomplished, then the offense was considered to be in the context of employment. We will look at how the legal definition works, how it works, how the law can terminate rights, assign or transfer, we will look at an agency through the exploitation of legal examples, how the law works in real estate and more. The law may grant rights to a person as of right, impose restrictions or prohibitions on a person, or determine what a person can or cannot do. In general, the broadest liability is imposed on the master for the unlawful physical conduct of an agent, as described in Chapter 20 « Relationship between the procuring entity and the representative ». If the public servant acted in the course of his employment – that is, if the official`s fault occurred during the performance of his work – the gentleman is liable to the victim for the damages, unless, as we have seen, the victim is another employee, in which case the employee compensation system is used. The responsibility of the executing agent is primarily based on the employment relationship and not on the status of an agency. There are a number of other circumstances that implicitly mean the end of the relationship. Unspecified events or changes in the terms and conditions or the value of the Agency`s purpose may lead to a reasonable conclusion that the Agency should be terminated or suspended; For example, the customer wants the agent to buy money, but the money market unexpectedly increases, and the price of money doubles overnight. Other circumstances that terminate the Agency are the Officer`s disloyalty (e.g.
B he accepts an appointment contrary to his first Client or hijacked by the Client), the bankruptcy of the Agent or the Client, the outbreak of war (if it is reasonable to conclude that the Client who knows the war does not want the Agent to continue to exercise his authority), and a change in the law that makes it illegal to continue performing the task or seriously interferes with it. Even if the authority is extinguished, whether by the action of the parties or by a legal transaction, the client can still be held liable. Apparent authority will still exist in many cases; This is called persistent authority, which occurs when the actual authority has been terminated, but third parties are deceived by the customer`s negligence into believing that it still exists. It is imperative that when the power of attorney is terminated, a principal notifies all those who may still be able to manage the agent. The only exceptions to this requirement are if the termination is due to death, loss of the client`s legal capacity or an event that would make it impossible to achieve the agency`s purpose. What it means to operate the law is a common question among those who do not know how property is transferred from one party to another by legal means. Essentially, all contracts function as legally binding agreements. This means that the parties must legally abide by the contract, otherwise they will violate it. These asset transfers include the following types of legal documents: The legal definition is when a person automatically acquires legal rights or obligations through law enforcement. 4. Expiry of the time limit: where the staff member is appointed for a specific term, the Agency shall terminate at the end of the term of office (if the duration of the Agency has not been extended), whether or not the Agency`s objective has been achieved. It makes sense for an agent to be held accountable for his or her own criminal acts; It would indeed be bad social policy if a person could escape criminal liability through his own fault simply because he acted in an agency function.
It also makes sense that – as is the general rule – a representative is not responsible for the contracts he concludes on behalf of the client; the agent is not a party to a contract he has entered into on behalf of the client. No public order would be served if responsibility were imposed, and in many cases it would make no sense. Suppose an agent signs a contract to buy $25 million in rolled aluminum for a customer, an aircraft manufacturer. The agent personally could not reasonably perform such a contract and it is not foreseen by the parties that it will be held liable. (Although the rule is different in England, where an agent residing outside the country is responsible, even if it is clear that he signs an agency function.) However, there are three exceptions to this rule: (1) if the agent is not or only partially disclosed, (2) if the agent does not have or exceeds powers, or (3) if the agent entered into the contract in his personal capacity. We take into account every situation. If it is proven that an agency existed, the courts will assume that it will continue until an act or agreement between the client and the agent terminates the relationship. The burden of proof of termination of an agency relationship lies with the party claiming that the relationship has ended. Admittedly, the parties to a commercial agency contract can terminate the contract.
As with the creation of the relationship, the contract can be terminated explicitly or implicitly. If the main/agency contract is concluded for a certain period of time and the customer has a valid reason, he can revoke the contract before the expiry date of the contract. If the contract is not limited in time, but is continuous without an end date, the customer may terminate the contract with reasonable notice for any reason. This means that the principal does not need to resume the principal-agent relationship if he wishes to terminate it. However, he must adequately inform the agent of such termination. Finally, if the agent has a certain part of the object of the contract, the contract can only be revoked if the contract contains an express provision that allows termination. The principal is liable for the employee`s tort liability in two circumstances: first, if the principal was directly liable, for example, when hiring a person who the principal knew or should have known was incompetent or dangerous; second, if the employee committed the offence on behalf of the principal. This is the doctrine of the Lord Servant or the Superior Respondeat. It imposes an enforcement agent responsibility on the employer: the master (employer) is liable if the employee was in the area of activity that posed a risk to the employer (the « risk zone » criterion), that is to say – in general – if the employee was where he should be, when he should be there, and the incident arose from the interest (however perverted) in promoting the employer`s business. Assignment by law occurs when certain rights are transferred to another. The first approach is legislative: owner consent lawsDoctrin, according to which the owner of a vehicle is liable for damage caused by the driver who has permission to use the car.
hold the owner liable if the vehicle is driven with his consent or knowledge. The second approach to the transfer of responsibility to the owner is judicial and known as the Family Purpose Doctrine, a doctrine that an automobile owner is liable for damage to others while family members are driving the vehicle, under the theory that the vehicle is owned for family purposes. According to this doctrine, a family member who negligently injures someone with the car subjects the owner to liability if the family member promotes family goals. .