Terms Used In Utah Code > Title 34 > Chapter 44 > Part 3 - Remedies

• Commission: means :

  (a)	compensation: (i)  that accrues to a sales representative; (ii)  for payment by a principal; and (iii)  at a rate expressed as a percentage of the dollar amount of sales, orders, or profits; or

  (b)

  any other method of compensation agreed to between a sales representative and a principal including: (i)  fees for services; and (ii)  a retainer. See Utah Code 34-44-102 Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Person: means :Utah Code 68-3-12.5 Principal: means a person who: (a)  engages in any of the following activities with regard to a product or service: (i)  manufactures; (ii)  produces; (iii)  imports; (iv)  sells; or (v)  distributes; (b)  establishes a business relationship with a sales representative to solicit orders for a product or a service described in Subsection (4)(a); and (c)  agrees to compensate a sales representative, in whole or in part, by commission. See Utah Code 34-44-102 sales representative: means a person who enters into a business relationship with a principal: (i)  to solicit orders for a product or a service described in Subsection (4)(a); and (ii)  under which the person is compensated, in whole or in part, by commission. See Utah Code 34-44-102 State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5 Writing: includes :Utah Code 68-3-12.5