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Summary of California Law (10th), Agency and Employment
I. NATURE OF AGENCY AND EMPLOYMENT
A. In General.
1. [§1] Restatement of Agency.
2. [§2] Agent.
3. [§3] Employee.
4. [§4] Agent Distinguished From
Employee.
5. [§5] Labor and Laborer.
B. Franchises.
1. [§6] In General.
2. Franchise Relations Act.
(a) [§7] In General.
(b) [§8] Transfer.
(c) [§9] Nonrenewal.
(d) [§10] Termination.
(e) [§11] Offer To Repurchase
Inventory.
3. [§12] New Motor Vehicle Dealership
Franchises.
4. [§13] Petroleum Franchises.
C. Officers and Employees.
1. [§14] Public Officer Distinguished
From Employee.
2. [§15] State and Local Officers.
3. [§16] Incompatible Offices.
4. Civil Service System.
(a) [§17] In General.
(b) [§18] Officers and Employees
Included.
(c) [§19] Independent Contractors.
(d) [§20] Employment as Vested Right.
D. Independent Contractors.
1. [§21] Nature of Relationship.
2. [§22] Necessity for Distinction.
3. Extent of Control.
(a) Nature of Test.
(1) [§23] Control Over Details.
(2) [§24] Right of Control Is
Determinative.
(3) [§25] Freedom Inherent in Nature
of Work.
(4) [§26] Custom and Belief.
(b) Illustrations.
(1) [§27] Route Drivers.
(2) [§28] Outside Salespersons.
(3) [§29] Newspaper and Magazine
Vendors.
(4) [§30] Miscellaneous Examples:
Employees.
(5) [§31] Miscellaneous Examples:
Independent Contractors.
(c) Unlicensed Contractor Is
Presumed To Be Employee.
(1) [§32] Statutory Rule.
(2) [§33] Scope of Rule.
(d) Determination Where Evidence
Is Conflicting.
(1) [§34] Trial Court or Board Upheld.
(2) [§35] Trial Court or Board
Reversed.
4. Distinct Occupation or
Calling.
(a) [§36] Contractors and
Subcontractors.
(b) [§37] Actors, Athletes, and
Entertainers.
(c) [§38] Craftsmen and Mechanics.
(d) [§39] Doctors.
(e) [§40] Nurses.
5. [§41] Right To Discharge.
6. [§42] Form of Contract Is Not
Controlling.
II. PARTICULAR AGENTS
A. [§43] Auctioneers.
B. [§44] Factors.
C. [§45] Nature and Types of Brokers.
D. [§46] Stockbrokers.
E. Real Estate Brokers.
1. [§47] In General.
2. [§48] Obligations and Liabilities.
3. Qualifications of Applicant.
(a) [§49] In General.
(b) [§50] Denial for Conviction of
Crime.
4. License Requirement.
(a) Real Estate Brokers.
(1) [§51] In General.
(2) [§52] Other Persons and Entities
Included.
(b) [§53] Real Estate Salespersons.
(c) [§54] Persons Involved in Mineral,
Oil, or Gas Transactions.
(d) Exempt Persons.
(1) [§55] In General.
(2) [§56] Finder's Agreement.
5. Grounds for Discipline.
(a) [§57] In General.
(b) Fraud and Breach of
Fiduciary Duty.
(1) [§58] In General.
(2) [§59] Illustrations.
(c) [§60] Fraud Judgment in Civil
Action.
(d) [§61] Conviction of Crime.
(e) [§62] Miscellaneous Acts.
6. Required Disclosures.
(a) [§63] In General.
(b) [§64] Broker's Liability to Vendor.
(c) Broker's Liability to Purchaser.
(1) [§65] Judicial Rule.
(2) [§66] Legislative Response.
7. Fund for Defrauded Persons.
(a) [§67] In General.
(b) Procedure.
(1) [§68] Application and Service.
(2) [§69] Administrative Decision.
(3) [§70] Judicial Decision.
(c) Amount of Recovery.
(1) [§71] Transaction Limits.
(2) [§72] Licensee Limits.
(d) [§73] Acts Outside Scope of
License.
(e) [§74] Effect of Judgment.
8. Contract and Commission.
(a) Requisites of Authorization.
(1) [§75] In General.
(2) [§76] Termination Date of
Exclusive Agency.
(b) [§77] Proof of License.
(c) When Commission Is Earned.
(1) [§78] In General.
(2) [§79] Good Faith Requirement.
(3) Purchaser Produced.
(aa) [§80] Ready, Able, and Willing.
(bb) [§81] Arbitrary Refusal or
Inability To Sell.
(cc) [§82] Purchaser's Failure To Meet
Conditions.
(dd) [§83] Purchaser's Fraud.
(4) Requirement of Additional
Performance.
(aa) [§84] Nature of Special Contracts.
(bb) [§85] Exceptions.
(5) [§86] Procuring Cause of Sale.
(6) [§87] Exclusive Agency or Right To
Sell.
(7) [§88] Termination of Listing
Agreement.
III. CREATION OF AGENCY RELATIONSHIP
A. Capacity To Be or To Appoint
Agent.
1. [§89] In General.
2. [§90] Agent of Adverse Party.
3. [§91] Employer as Agent of Group
Insurer.
B. Agency Contracts.
1. [§92] Nature and Requisites.
2. [§93] Question of Fact.
3. [§94] Proof of Agency.
C. [§95] Agency by Ratification.
D. [§96] Ostensible Agency and Agency
by Estoppel.
IV. PRINCIPAL AND AGENT RELATIONSHIP
A. Agent's Fiduciary Obligations.
1. [§97] Statement of Rule.
2. [§98] Illustrations.
B. [§99] Agent's Duty of Care.
C. Agent's Duty of Loyalty.
1. Competition.
(a) [§100] In General.
(b) Inventions and Patents.
(1) [§101] In General.
(2) [§102] Shop Right Rule.
(3) [§103] Statutory Right Nullifying
Contract.
2. Adverse Interest.
(a) [§104] In General.
(b) [§105] Secret Profits.
(c) [§106] Personal Purchase by
Purchasing Agent.
(d) Personal Purchase by Selling
Agent.
(1) [§107] General Rule.
(2) [§108] Purchase Through Another.
(3) [§109] Agent With Option To Buy.
(4) [§110] Cure by Subsequent
Disclosure.
(e) [§111] Dual Agency.
D. Liability of Agent to Principal.
1. Acts or Omissions of Agent.
(a) [§112] In General.
(b) [§113] Failure To Account.
(c) [§114] Breach of Contract.
(d) [§115] Torts Against Principal.
(e) [§116] Indemnity for Tort Against
Third Party.
(f) [§117] Gratuitous Agent.
2. [§118] Acts or Omissions of
Subagent.
3. Remedies and Defenses.
(a) [§119] Remedies of Principal.
(b) [§120] Defenses of Agent.
E. Liability of Principal to
Agent.
1. [§121] Compensation.
2. Indemnity.
(a) [§122] In General.
(b) [§123] Illustrations:
Indemnification Allowed.
(c) [§124] Illustrations:
Indemnification Denied.
3. [§125] Prevention of Performance.
4. Negligence of Employer.
(a) [§126] Unsafe Working Conditions.
(b) [§127] Breach of Duty Voluntarily
Assumed.
5. [§128] Remedies and Defenses.
F. [§129] Rights of Subagent Against
Agent or Principal.
V. PRINCIPAL AND THIRD-PARTY RELATIONSHIP
A. In General.
1. [§130] California Statutes.
2. [§131] Restatement Analysis.