agency

Question 1

creation

Answer 1

-manifest assent
-agent works for benefit of principal
-agent works subject to control of principal

Question 2

K liability to third party

Answer 2

contract: when agent enteres into K on principal’s behalf and has agency to do so

Question 3

express actual authority

Answer 3

express / clear language, or specific terms and instructions

Question 4

implied actual authority

Answer 4

actions reasonably necessary to achieve principal’s objectives. agent’s reasonable understanding of manifestations and objectives of principal.

Question 5

apparent authority

Answer 5

if principal causes third party to reasonably believe agent has authority.

consider trade customs and industry standards, and agent’s position

Question 6

ratification

Answer 6

principal can ratify act and be bound.

-ratifies entire K by express assent or conduct
-timely and before third party withdraws
-principal has knowledge of material facts

Question 7

respondeat superior

Answer 7

-agent: employee, not independent contractor that works for many people and not subject to control

-within scope of employment (work related travel. detours but NOT frolics. benefit of principal?)

Question 8

direct liability

Answer 8

-ratifies agent’s conduct
-negligent in hiring/supervising agent
-delegating non-delegable duty

Question 9

disclosed principal

Answer 9

principal and 3P liable on K

Question 10

partially disclosed principal

Answer 10

principal, third party, agent liable

when third party knows agent is agent but not ID of principal

Question 11

undisclosed principal

Answer 11

third party and agent are liable

undisclosed principal is party if agent had authority to bind