Agency Flashcards
how is agency relationship formed
P manifests assent to A and vice versa
A acts on P’s behalf
P controls A’s actions
what capacity must both have
A - minimal
P - legal
Types of Ps
individual
employer
entrepreneurs, corporations, partnerships
types of As
individual
employee
independent contractor (not subject to P’s control grading physical conduct of work)
trustee
sub agent
contractual liability of P depends on if agent had authority. types of authorty
actual (express or implied)
apparent
what is actual authority
express - oral or written, clear instructions
implied - allows A to take whatever actions are properly necessary to achieve P’s goals based on A’s reasonable understanding
ways to judge implied actual authority
custom - implied authority to act within customs
acquiescence - P’s failure to object affirms A’s belief
how to test intent for if A is working under actual authority
P’s manifestation must cause A to believe A is doing what P wants (subjective) and A’s belief must be reasonable (objective)
how to terminate agency
agreement
change of circumstance causing A to believe P no longer consents
passage of reasonable period of time
P’s death or incapacitation (when A finds out)
A’s death or incapacitation
estoppel for agency stuff
third party justifiably induced to make a detrimental change in position because they believed transaction was entered into for P and P failed to take reasonable steps and use ordinary care
how to ratify
P must ratify entire transaction
P must have legal capacity
Timely
P must know the material facts
When is P vicariously liable for A’s torts
when A is employe and committed act within scope of employment
A has apparent authority
Reliance upon care and skill
when may an intentional tort be part of scope of employment
within space and time limits of job, employee motivated to act for employer’s benefit, act was of kind he was hired to do
independent contractors are not usually liable except when
P retains control
P hires IC for non delegable duties
IC has apparent authority
P is negligent in training or supervising
when is P directly liable for A’s torts
A has actual authority or P ratified
Non delegable duties
