agency

Question 1

agency

Answer 1

established by assent between agent and principal, benefit to principal, and right to control the agent

Question 2

sub-agent

Answer 2

typically principal doesn’t assent to sub-agent’s help and does not control sub-agent, so usually no vicarious liability

Question 3

borrowed agent

Answer 3

typically borrowing principal assents to and benefits from agent, but does not assume right to control, so does not have vicarious liability

Question 4

Independent contractor

Answer 4

usually no right to control so no vicarious liability

Question 5

vicarious liability for independent contractors

Answer 5

ultra-hazardous activities

estoppel - you hold out independent contractor with appearance of agency, you’ll be estopped from denying liability

non-delegable duties

Question 6

scope of principal-agent relationship factors

Answer 6

was conduct of the kind agent was hired to perform? scope of duties, job descriptions

did the tort occur on the job? detour v. frolic

did the agent intend to benefit the principal?

Question 7

equal dignities

Answer 7

if. contract must be in writing (statute of frauds), the express authority must be in writing as well

Question 8

actual implied authority

Answer 8

necessity - necessary to accomplish express task

custom - customarily performed by persons with the agent’s title or position

prior acquiescence by principal - agent reasonably believes they are authorized due to history of acquiescence

Question 9

apparent authority

Answer 9

principal cloaked agent with appearance of authority and third party reasonably relies on appearance of authority

Question 10

ratification

Answer 10

principal has knowledge of all material facts of contract and accepts its benefits

cannot alter terms

Question 11

duties agent owes to prinicipal

Answer 11

reasonable care

obey reasonable instructions

loyalty (no self-dealing, usurping opportunity, secret profits)