Learning Activities
Question
Instructions
General Instructions for Learning Activities
Read/watch all assigned materials listed for the week in Overview above
Use only assigned materials to complete Learning Activities; please do not use the internet unless otherwise instructed
Include in-text citations and a Reference List for in-text citations in APA format
Write in correct, complete sentences, in paragraph format unless otherwise instructed
Refer to course materials, cases, and/or statutes to support conclusions in discussion postings.
Use in text citations and a References list for Part 1 using APA format
Please do not use any direct quotations; summarize/paraphrase information from all resources as this demonstrates understanding of the information and its application
Introductory Sentence: Begin with an introductory sentence or brief paragraph that states your conclusion to the questions asked
Concluding Sentence: End the discussion with a concluding sentence or a brief paragraph that summarizes your conclusion/what you discussed
Support Arguments and Positions: Please refer to the module in Content, "How to Support Arguments and Positions"
Support all conclusions in detail, specifically, in depth, and with reference to relevant assigned course materials using APA citation format
Label all parts of assignment
Use correct, complete sentences in paragraph format
Submit Learning Activities to Assignment Folder
Review Content modules:
Writing Introductory Sentences and Paragraphs
Writing Concluding Paragraphs
How to Support Arguments and Positions
Learning Activity: due 11:59 pm ET, Saturday
Background Facts You Need To Know: The Viral Clean ("Clean') owners recognize the importance of effective recruitment and hiring. They feel competent about recruiting and hiring new Clean management but want to hire an expert to recruit and hire employees to develop and manage their website, internal computer systems, and IT support.
They agree to hire a recognized expert in this area, George Tacy, to act as Clean's agent in hiring website/computer/IT employees. The owners want to give full authority to Tacy to direct every aspect of recruitment and hiring of these employees, from the initial recruitment of applicants to the final hiring process.
Clean owners want to ensure that their agreement with Tacy will be valid and include all essential terms. They have requested a meeting with TLG to discuss agency agreements.
Winnie and Ralph have asked you to join the meeting and respond to some of the Clean owners' questions about agency law.
Instructions
Winnie and Ralph direct you to draft responses to several questions for the Clean owners' meeting.
1. Analyze and explain the rights of Clean under the agency agreement with Tacy.
2. Analyze and explain two specific duties Tacy must perform under the agency agreement with Clean.
3. Analyze and explain two potential liabilities Clean could face under the agency agreement with Tacy.
OTHER RESOURCES:
- https://www.britannica.com/topic/agency-law
- https://work.chron.com/definition-principal-vs-agent-14381.html
AGENCY
Agency Formation, Agency in Employment
Introduction: Agency relationships are pervasive and commonplace in the business arena, but can also exist between individuals. An agency relationship is created when one person (principal) grants to another (agent) the authority to act on behalf of the principal and subject to his or her control and consent for a specific purpose(s) to perform specific tasks or services. An agent “stands in the shoes” of the principal in carrying out the specific tasks or services outlined in the agency agreement. Agency relationships are based in contract law and are consensual arrangements. Agencies may be formed by oral or written agreement of the parties, by ratification, by estoppel, or by operation of law. An agency relationship can be created for virtually any legal purpose and can be narrow in scope, singular in purpose, and exist for a finite period of time. An agency can also be broad in scope and purpose and continue for an indefinite time. Special types of agencies are employer-employee relationships, and employer-independent contractor relationships.
Agency Liability and Termination
Introduction: Agency relationships create obligations and potential liabilities for both agents and principals, as well as remedies for breach of an agency agreement. The liability of principals and agents to third parties is an important component of agency relationships. The liability of a principal to third parties with whom an agent contracts depends on whether the agent acted within the scope of his or her express, implied, or apparent authority to enter into contracts on the principal’s behalf, and whether the principal ratified, or affirmed, the agent’s actions. Also, a principal may be liable for the torts and crimes committed by an agent and/or an independent contractor, depending on the circumstances and the particular terms of the agency agreement.
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Solution
Learning Activities
Introductory Sentence
The agency agreement between Clean and Tacy outlines the rights and responsibilities of both parties concerning the recruitment and hiring of website, computer, and IT employees.
Support Arguments and Positions
One of the key rights enjoyed by Clean under the agency agreement with Tacy is the right to receive guidance and direction from Tacy concerning recruitment and hiring activities. This includes the right to provide input into the selection criteria used by Tacy and the right to review resumes submitted by potential candidates and make recommendations for final hiring decisions (Chapter 20, n.d.). Additionally, Clean has the right to hold Tacy accountable for any losses incurred due to his actions, including losses resulting from negligent hiring practices or other legal violations. Finally, Clean has the right to terminate the agreement for any reason, with or without cause.
Under the agency agreement, Tacy has some specific duties to fulfill. These include the duty to adhere to all legal requirements related to recruitment and hiring, such as ensuring that candidates are properly screened and qualified for the position and seeking any necessary consent from third parties before making job offers (Chapter 21, n.d.). Additionally, Tacy must devote adequate time and resources to the recruitment and hiring process and keep Clean informed of his progress. Finally, Tacy must exercise reasonable care and skill when conducting recruitment and hiring activities on Clean’s behalf.
Clean could face some potential liabilities under the agency agreement with Tacy. First, if Tacy exceeds his authority or commits some other legal violation while acting on Clean’s behalf, Clean could be held liable for any damages resulting from his actions. Additionally, suppose Tacy fails to devote adequate time and resources to the recruitment and hiring process or fails to keep Clean informed of his progress. In that case, Clean could be held liable for any resulting losses (Chapter 21, n.d.). Finally, if Tacy negligently hires an ineligible or unqualified candidate, Clean could be held liable for damages from that individual’s actions. Therefore, it is important for Clean to closely monitor and supervise Tacy’s activities to minimize these risks.
Concluding Sentence
Based on our analysis of the agency agreement, we believe that Clean has certain legal rights under this agreement, including the right to receive guidance and direction from Tacy concerning the recruitment and hiring process and the right to hold Tacy accountable for any losses incurred as a result of his actions. However, Clean also faces certain potential liabilities under this agreement, including the possibility that Tacy may exceed his authority or commit other legal violations while acting on Clean’s behalf. Therefore, it is important for Clean to closely monitor and supervise Tacy’s activities to minimize these risks.
References
Chapter 20. (n.d.). Chapter 20: Relationships between Principal and Agent. Retrieved from https://saylordotorg.github.io/text_law-for-entrepreneurs/s23-relationships-between-principa.html
Chapter 21. (n.d.). Chapter 21: Liability of Principal and Agent; Termination of Agency. Retrieved from https://saylordotorg.github.io/text_law-for-entrepreneurs/s24-liability-of-principal-and-age.html
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