Agency Flashcards
Under the doctrine of respondeat superior, an employer is liable
for the torts of his employee committed within the scope of his employment.
Under the doctrine of respondeat superior, what is the Independent Venture rule?
Virginia courts have held that if the employee steps aside from his employer’s business and is engaged in an independent venture of his own, the employee is no longer acting with the scope of his employment.
Courts generally hold the employer liable for employees’
minor deviations, often referred to as a “detour”
Where an employer is found liable for his employee’s torts under the doctrine of respondeat superior,
the employer has an indemnification claim against the tortfeasor employee.
What must a plaintiff prove to prevail on a negligent entrustment claim in a motor vehicle case?
To prevail on a negligent entrustment claim in a motor vehicle case, the test of liability in Virginia is whether the owner of the vehicle knew, or had reason to know, that he was entrusting his vehicle to an unfit driver, likely to cause injury to
others.
What must a plaintiff prove to prevail on a negligent entrustment claim in a motor vehicle case INVOLVING the INTOXICATION of the defendant driver?
In motor vehicle cases involving the intoxication of the defendant driver, the plaintiff must prove that the owner knew or had reason to know that the person to whom the vehicle was entrusted is addicted to intoxicants, or has the
habit of drinking. In short, the owner must know, or should have known, that the driver’s habits are such that he is likely to drive while intoxicated.
In order to bind a principal in contract,
the agent must act with either actual or apparent authority, or the principal must subsequently ratify the contract.
Actual authority may be either
express or implied, and it is based on the principal’s communications with the agent and the agent’s reasonable belief that he is authorized.
An agent acts with apparent authority when
the third party reasonable believes, based on manifestations of the principal, that the agent is authorize. Apparent authority arises out of the principal’s holding out of the agent as authorized.
In order to ratify the actions of the agent, the principal must
know the material terms of the contact, or be aware of his lack of knowledge. Additionally, silence may constitute ratification where a person would be expected to speak.
