Agency

Question 1

Actual authority may be implied through

Answer 1

custom, prior acquiescence, or implications incidental to express authority

Question 2

For ratification to occur, the principal must:

Answer 2

(i) have knowledge of (or have reason to know) all material facts regarding the contract, (ii) accept the entire transaction, and (iii) have capacity (be competent and of legal age)

Question 3

A principal may generally ratify anything unless

Answer 3

(1) performance was illegal at the time of ratification, (2) the third party has withdrawn, or (3) there has been a material change in circumstances

Question 4

Right to Control Factors

Answer 4

(i) degree of skill required on job, (ii) whose tools and facilities are used, (iii) period of employment, (iv) basis of compensation, (v) business purpose, (vi) whether person has a distinct business, (vii) characterization and understanding of the parties, (viii) customs of the locality

Question 5

Scope of Employment Factors

Answer 5

(i) was the conduct “of the kind” that the agent was hired to perform, (ii) did the tort occur “on the job” [within the time and space of the employment]?, and (iii) was the conduct actuated at least in part to benefit the principal?