AGENCY Flashcards
AGENCY - CREATION
Relationship that ____when one _____ (_____) m_____ an ______ that another (_____) shall act on his _____ and under his ______, and the _____ agrees to so _____.
AGENCY - CREATION
Relationship that arises when one person (principal) manifests an intention that another (agent) shall act on his behalf and under his control, and the agent agrees to so act.
AGENCY Formation: ABC: A\_\_\_\_\_ B\_\_\_\_\_, and C\_\_\_\_\_
AGENCY Formation: ABC: Assent, Benefit (of Principal), and Control
AGENCY Formation: ABC: A\_\_\_\_ (\_\_\_\_\_\_ agreement), B\_\_\_\_ (of \_\_\_\_\_), and C\_\_\_\_ (p \_\_\_\_\_\_ to s\_\_\_\_\_\_).
AGENCY Formation: ABC: Assent (informal agreement), Benefit (of P), and Control (power to supervise).
Sub-Agent:
Person ____ by ____ to ____ functions assigned to the ____ by the ____ .
Sub-Agent:
Person appointed by agent to perform functions assigned to the A by the P.
SUB-AGENT
No ______ Liability unless ____. When appointed with ____ ______ - same _____ as agent.
SUB-AGENT
No Vicarious Liability unless ABC. When appointed with proper authority - same duties as agent.
AGENCY - CREATION
Formation by estoppel: If _____ creates the ______ of e______-e_______ relationship that _____ ____ relies on, P is ______ from ______ the relationship and will be _____.
AGENCY - CREATION
Formation by estoppel: If P creates the appearance of employer-employee relationship that 3P relies on, P is estopped from denying the relationship and will be liable.
AGENCY AUTHORITY
To determine if _____ is bound by the _____, A must have had ______to enter into the _____and ____ P
AGENCY AUTHORITY
To determine if P is bound by the contract, A must have had authority to enter into the contract and bind P
Actual express authority:
E______ m______
If _____ must be in______ then ______ must be. SOF
Actual express authority:
express manifestations.
If contract must be in writing then authority must be. SOF
TERMINATION OF AUTHORITY BLO-CHU (Blow bubble chew gum and get terminated) B L O C C H U T
TERMINATION OF AUTHORITY BLO-CHU (Blow bubble chew gum and get terminated) Breach Lapse Operation of law Changed Circumstances Happening of specific event Unilateral termination
Actual implied authority:
Authority which ______reasonably______ principal has given due to NCP:
Actual implied authority:
Authority which agent reasonably believes principal has given due to Necessity Custom Prior dealing:
Actual implied authority:
______which agent ______ _______ p_____ has given due to ______ ______ ____ ______:
Actual implied authority:
Authority which agent reasonably believes principal has given due to Necessity Custom Prior dealing:
Actual implied authority: (NCP)
Necessity: _____ to do all tasks ______ to accomplish ______ authorized ______.
Actual implied authority: (NCP)
Necessity: authority to do all tasks necessary to accomplish expressly authorized task.
Actual implied authority: (NCP)
Custom: ______ to do all tasks ______ performed by persons with _____ _____/_____.
Actual implied authority: (NCP)
Custom: authority to do all tasks customarily performed by persons with A’s title/position.
Actual implied authority: (NCP)
Prior dealings: _____ to do all tasks which ____ believes to be _____ to do from____ prior _____.
Actual implied authority: (NCP)
Prior dealings: authority to do all tasks which A believes to be authorized to do from P’s prior acceptance.
Apparent authority: (P-TP): 2-part test
1) Principal “_____” agent with ______ of authority; and
2) ____ _____ reasonably ______ on that ________.
Apparent authority: (P-TP): 2-part test
1) Principal “cloaked” agent with appearance of authority; and
2) Third Party reasonably relies on that appearance.
Apparent authority:
test
1) P
2) TP
Apparent authority(P-TP): 2-part test
1) Principal “cloaked” agent with appearance of authority; and
2) Third Party reasonably relies on that appearance.
Ratification:
If an “____” acts for P w/o _____. Authority _____ if Principal:
1) has ______ of all m ______ f____; and
2) ______ its b______.
Ratification: If an “agent” acts for P w/o authority. Authority granted if Principal:
1) has knowledge of all material facts; and
2) accepts its benefits.
AGENCY CONTRACT LIABILITY
General Rules:
1) If no authority, P is not _____; only _____ is liable on ___.
2) If authority, P is ____; ____is not ____on _____.
Exception: A may be ____ at _____ of 3P – IF:
1) P ______ disclosed (_____ of P _____)
2) P ______ (fact of P ______)
III. AGENCY CONTRACT LIABILITY
a. General Rules:
i. If no authority, P is not liable; only agent is liable on K.
ii. If authority, P is liable; agent is not liable on K.
b. Exception: A may be liable at election of 3P – IF:
i. P partially disclosed (identity of P concealed)
ii. P undisclosed (fact of P concealed)
AGENCY TORT LIABILITY
P is_____ only for ____ committed by ____who is an e/ee, not _____ _____.
1) P ____ still be _____ for ____ hiring, _____, or e______ of employee.
2) P ___ still be ____ for an ___ ____ if the____ involved was _______ or e_____.
AGENCY TORT LIABILITY
P is liable only for torts committed by A who is an e/ee, not IC.
1) P may still be liable for negligent hiring, supervision, or entrustment of employee.
2) P may still be liable for an IC if the activity involved was ultrahazardous or estoppel.
AGENCY TORT LIABILITY
P is liable only for torts committed by A who is an e/ee, not IC.
Employee/IC factors (C4’s): P’s Control over ____ and ____ of A’s performance,
1) C_______ by parties,
2) C_______ of locality regarding supervision of work,
3) degree of “_____” required on the job, whose tools or facilities are used, length of employment,
4) basis of C______, whether hired to further P’s business.
AGENCY TORT LIABILITY
P is liable only for torts committed by A who is an e/ee, not IC.
Employee/IC factors (C4’s): P’s control over manner and method of A’s performance,
1) Characterization by parties,
2) Customs of locality regarding supervision of work,
3) degree of “skill” required on the job, whose tools or facilities are used, length of employment,
4) basis of Compensation, whether hired to further P’s business.
AGENCY TORT LIABILITY
P is liable only for torts committed by A who is an e/ee, not IC.
Employee/IC factors (C4’s): P’s control over manner and method of A’s performance,
1) Characterization by parties,
2) Customs of locality regarding supervision of work,
3) degree of “skill” required on the job, whose tools or facilities are used, length of employment,
4) basis of Compensation, whether hired to further P’s business.
c. Scope of employment: If E/EE relationships exists, employer will be liable for employee’s torts if they were committed within the scope of employment.
i. Scope of Employment = Absolutely Terrific Professional Person. Act, Time, Place & Purpose.
a. Was it a frolic (new and independent journey) – w/in scope.
b. Was it a detour (mere departure from assigned task) –w/in scope.
2. Was it an intentional tort?
a. Generally, outside of scope of agency. EXCEPTIONS: (SNM) each 1 is strong enough to rise to VL
1. Specifically authorized by principal;
2. Natural from the nature of employment
3. Motivated by desire to serve principal.
AGENCY TORT LIABILITY
P is liable only for torts committed by A who is an e/ee, not IC.
Employee/IC factors (C4’s): P’s control over manner and method of A’s performance,
1) Characterization by parties,
2) Customs of locality regarding supervision of work,
3) degree of “skill” required on the job, whose tools or facilities are used, length of employment,
4) basis of Compensation, whether hired to further P’s business.
c. Scope of employment: If E/EE relationships exists, employer will be liable for employee’s torts if they were committed within the scope of employment.
i. Scope of Employment = Absolutely Terrific Professional Person. Act, Time, Place & Purpose.
a. Was it a frolic (new and independent journey) – w/in scope.
b. Was it a detour (mere departure from assigned task) –w/in scope.
2. Was it an intentional tort?
a. Generally, outside of scope of agency. EXCEPTIONS: (SNM) each 1 is strong enough to rise to VL
1. Specifically authorized by principal;
2. Natural from the nature of employment
3. Motivated by desire to serve principal.
Employee/IC factors (C4’s): P’s control over manner and method of A’s performance,
1) C_____ by p_____,
2) C_____ of l_____ regarding s_____ of work,
3) d_____ of “_____” required on the ____, whose ____ or f____ are used, l_____ of _____,
4) b____ of C_____, whether h_____ to further P’s ______.
Employee/IC factors (C4’s): P’s control over manner and method of A’s performance,
1) Characterization by parties,
2) Customs of locality regarding supervision of work,
3) degree of “skill” required on the job, whose tools or facilities are used, length of employment,
4) basis of Compensation, whether hired to further P’s business.
Employee/IC factors (C4’s): P’s control over manner and method of A’s performance,
1) C
2) C
3) “k”
4) C
Employee/IC factors (C4’s): P’s control over manner and method of A’s performance,
1) Characterization by parties,
2) Customs of locality regarding supervision of work,
3) degree of “skill” required on the job, whose tools or facilities are used, length of employment,
4) basis of Compensation, whether hired to further P’s business.
AGENCY TORT LIABILITY
Scope of employment:
If ____-_____ relationships _____,
e______ will be ______ for e_______ t____
if they were ______ within the _____ of _____.
AGENCY TORT LIABILITY
Scope of employment: If E/EE relationships exists, employer will be liable for employee’s torts
they were committed within the scope of employment.
