4) Agency rship + 3rd parties

Question 1

agent’s liability for own negligence, or own intentional torts, when acting within scope of agency

Answer 1

yes of course (agency isn’t a shield)

Question 2

fully disclosed principal: def

Answer 2

existence + identity known to the 3rd party

Question 3

undisclosed principal: def

Answer 3

3rd party dnk of existence or identity of principal

Question 4

partially disclosed principal: def

Answer 4

3rd party knows you’re an agent, but dnk for who

Question 5

AGENT’s liability on a k: rule

Answer 5

if fully disclosed, no liability

if partially disclosed or undisclosed, then agent is personally liable on the k, along w the principal

Question 6

PRINCIPAL’s tort liability to 3rd parties

Answer 6

liable for harm to 3rd parties caused by principal's negligence in:
selecting
training
retaining
supervising
or otherwise controlling the agent

Question 7

respondeat superior: result

Answer 7

vicarious liability is STRICT LIABILITY (diligence/lack of fault is no defense)

Question 8

respondeat superior: when apply

Answer 8

Principal is also liable for actions of agent, where principal has right to control agent +
agent acting w/in scope of agency. (agent is liable too).

Question 9

respondeat superior in emplyoment (ngeligence)

Answer 9

ER liable for ee’s negligence if ee is acting w/in scope of emplyoment

Question 10

respondeat superior in employment (intentional torts)

Answer 10

generally no liability

Question 11

respondeat superior in employment (intentional torts): exception

Answer 11

if intentional tort is accomplished 1) in the course of ER’s work and 2) for the purpose of accomplishing ER’s work. (Even if ER had told to not use force!)

Question 12

respondeat superior in employment – ICs

Answer 12

generally no vicarious liability

Question 13

contract liability for principal based on ACTUAL AUTHORITY – times when agent can bind principal

Answer 13

1) agent acting with actual authority, or
2) agent’s authority retroactively granted bc principal ratifies the k, or
3) agent does not disclose the principal BUT later the 3rd party discovers identity of undisclosed principal

Question 14

contract liability for principal based on APPARENT AUTHORITY – when use

Answer 14

either:
no agency rship (no mutual consent), or

agent acts beyond scope of actual authority

Question 15

apparent authority – result

Answer 15

IF court decides, then sill still hold person liable to the 3rd part as if the person were principal to an agent who acted w actual authority

Question 16

apparent authority – rule

Answer 16

party will be bound as if it were a principal to an agent who acted with actual authority when:
the PRINCIPAL’S words, actions, or failure to act causes 3rd party to reasonably but mistakenly believe the other person is agent.

remember, the apparent authority is created by supposed principal’s conduct –> can’t be created by that of the agent acting alone

Question 17

apparent authority + undisclosed principal?

Answer 17

no, bc need the authority to be derived from the principal