Thursday, October 31, 2019
Independent Contractor or Regular Employee Assignment
Independent Contractor or Regular Employee - Assignment Example Statsky, Robert and Pamela (64) asserts that factors that need to be put into consideration are numerous but the main ones include, but not limited to the one summarized in the table below. An agency can be created by either through authorization by appointment (express authority) or authorization by the principalââ¬â¢s conduct (apparent authority). For the case where one is created through express authority and individual is chosen to act on behalf or for another. Here, there is no specific language used and the words used are adequate to show that an individual wishes to be represented by another. Mostly the mandate is issued verbally or through a resolution by the board of directors (Statsky, Robert and Pamela p 336). On the other hand, apparent authority is where the agent has the authority in cases when the principal, his words or conduct is rational in persuading the third party that the individual is authorized with the duty of binding the principal. Conduct that might include words that make agent not to doubt the principal agreement of them acting as an agent is enough to create an agency. The law finds the conduct of a person consenting knowingly and without objection for another person to be their agent to be an expression of authorization to the agent. This will keep away the possibility of the principal denying the fact that the agent was authorized. Always, the principal is estopped from refuting the agency thereby defending the third party who came into agreement with the agent in good faith (Statsky, Robert and Pamela p 444). Ã
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