business law
Text Reader
Agency and Employment Law Dr. Jay-D Olivier
INHOLLAND UNIVERSITY
Diemen, Haarlem, Rotterdam Course Year 2010-2011 Term 5
Internal publication
INHOLLAND University of Professional Education
International Business Management
Dr. Jay-D Olivier (BA Law, MA, D. Law, Ph.D)
Contents
Agency Law 3
Principal's Duties to the Agent 18
Liability for Agency Contracts 30
Comparative Employment Law 49
Employment Discrimination 68
Strategies for Prevention of Sexual Harassment 87
Disclaimer:
This Reader is compiled by Dr. Jay-D Olivier based on West’s Business Law (Clarkson, Miller, Jentz and Cross) and other material together with legal opinions written by Dr. Jay-D Olivier based on legal sources and own experience and research. This material is for educational purposes only and in accordance to the Fair Use Doctrine with relation to copyright and use.
Agency and Employment Law
Qui facit per alium facit per se. He who acts through another acts for himself. This simple Latin phrase provides the keystone upon which the mutual obligations of agency law rest.
Agency is a legally recognized relationship that allows an attribution of one person’s behavior to another. This carryover process is two-sided in that both benefit and burden inure to the parties involved in the agency relationship.
Under the basic doctrine of agency, the principal is allowed to reap the beneficial harvest of the agent’s actions made on his or her behalf.
For example, assume an agent has agreed to be paid a set salary of $100 for selling certain kinds of goods. The principal gets to keep the net profits from that agent’s selling activities, be they €100 or
Agency and Employment Law Dr. Jay-D Olivier
INHOLLAND UNIVERSITY
Diemen, Haarlem, Rotterdam Course Year 2010-2011 Term 5
Internal publication
INHOLLAND University of Professional Education
International Business Management
Dr. Jay-D Olivier (BA Law, MA, D. Law, Ph.D)
Contents
Agency Law 3
Principal's Duties to the Agent 18
Liability for Agency Contracts 30
Comparative Employment Law 49
Employment Discrimination 68
Strategies for Prevention of Sexual Harassment 87
Disclaimer:
This Reader is compiled by Dr. Jay-D Olivier based on West’s Business Law (Clarkson, Miller, Jentz and Cross) and other material together with legal opinions written by Dr. Jay-D Olivier based on legal sources and own experience and research. This material is for educational purposes only and in accordance to the Fair Use Doctrine with relation to copyright and use.
Agency and Employment Law
Qui facit per alium facit per se. He who acts through another acts for himself. This simple Latin phrase provides the keystone upon which the mutual obligations of agency law rest.
Agency is a legally recognized relationship that allows an attribution of one person’s behavior to another. This carryover process is two-sided in that both benefit and burden inure to the parties involved in the agency relationship.
Under the basic doctrine of agency, the principal is allowed to reap the beneficial harvest of the agent’s actions made on his or her behalf.
For example, assume an agent has agreed to be paid a set salary of $100 for selling certain kinds of goods. The principal gets to keep the net profits from that agent’s selling activities, be they €100 or