Agency

Question 1

_______ is the fiduciary relationship that arises when one person (a principal) manifests assent to another (an agent) that the agent shall act on the principal’s behalf and subject to the principal’s control, and the agent manifests assent or otherwise consents so to act. RSTMT 3rd of Agency §1.01.

Answer 1

Agency

Question 2

Agency is the ________ __________ that arises when one person (a principal) manifests assent to another (an agent) that the agent shall act on the principal’s behalf and subject to the principal’s control, and the agent manifests assent or otherwise consents so to act. RSTMT 3rd of Agency §1.01.

Answer 2

fiduciary relationship

Question 3

Agency is the fiduciary relationship that ______ ______ one person (a principal) manifests assent to another (an agent) that the agent shall act on the principal’s behalf and subject to the principal’s control, and the agent manifests assent or otherwise consents so to act. RSTMT 3rd of Agency §1.01.

Answer 3

arises when

Question 4

Agency is the fiduciary relationship that arises when ____ _______ (a principal) manifests assent to another (an agent) that the agent shall act on the principal’s behalf and subject to the principal’s control, and the agent manifests assent or otherwise consents so to act. RSTMT 3rd of Agency §1.01.

Answer 4

one person

Question 5

Agency is the fiduciary relationship that arises when one person (___ ________) manifests assent to another (an agent) that the agent shall act on the principal’s behalf and subject to the principal’s control, and the agent manifests assent or otherwise consents so to act. RSTMT 3rd of Agency §1.01.

Answer 5

a principal

Question 6

Agency is the fiduciary relationship that arises when one person (a principal) ________ _______ to another (an agent) that the agent shall act on the principal’s behalf and subject to the principal’s control, and the agent manifests assent or otherwise consents so to act. RSTMT 3rd of Agency §1.01.

Answer 6

manifests assent

Question 7

Agency is the fiduciary relationship that arises when one person (a principal) manifests assent ___ ________ (an agent) that the agent shall act on the principal’s behalf and subject to the principal’s control, and the agent manifests assent or otherwise consents so to act. RSTMT 3rd of Agency §1.01.

Answer 7

to another

Question 8

Agency is the fiduciary relationship that arises when one person (a principal) manifests assent to another (___ _______) that the agent shall act on the principal’s behalf and subject to the principal’s control, and the agent manifests assent or otherwise consents so to act. RSTMT 3rd of Agency §1.01.

Answer 8

an agent

Question 9

Agency is the fiduciary relationship that arises when one person (a principal) manifests assent to another (an agent) that the ____ _____ _____ on the principal’s behalf and subject to the principal’s control, and the agent manifests assent or otherwise consents so to act. RSTMT 3rd of Agency §1.01.

Answer 9

agent shall act

Question 10

Agency is the fiduciary relationship that arises when one person (a principal) manifests assent to another (an agent) that the agent shall act on the _______ _______ and subject to the principal’s control, and the agent manifests assent or otherwise consents so to act. RSTMT 3rd of Agency §1.01.

Answer 10

principal’s behalf

Question 11

Agency is the fiduciary relationship that arises when one person (a principal) manifests assent to another (an agent) that the agent shall act on the principal’s behalf and _______ ____ ____ _______ ______, and the agent manifests assent or otherwise consents so to act. RSTMT 3rd of Agency §1.01.

Answer 11

subject to the principal’s control

Question 12

Agency is the fiduciary relationship that arises when one person (a principal) manifests assent to another (an agent) that the agent shall act on the principal’s behalf and subject to the principal’s control, and the _____ _______ ________ or otherwise consents so to act. RSTMT 3rd of Agency §1.01.

Answer 12

agent manifests assent

Question 13

Agency is the fiduciary relationship that arises when one person (a principal) manifests assent to another (an agent) that the agent shall act on the principal’s behalf and subject to the principal’s control, and the agent manifests assent or ______ ________ so to act. RSTMT 3rd of Agency §1.01.

Answer 13

otherwise consents

Question 14

Agency is the fiduciary relationship that arises when one person (a principal) manifests assent to another (an agent) that the agent shall act on the principal’s behalf and subject to the principal’s control, and the agent manifests assent or otherwise consents ___ ___ _____. RSTMT 3rd of Agency §1.01.

Answer 14

so to act

Question 15

Agency is the:

Answer 15

fiduciary relationship that arises when one person (a principal) manifests assent to another (an agent) that the agent shall act on the principal’s behalf and subject to the principal’s control, and the agent manifests assent or otherwise consents so to act. RSTMT 3rd of Agency §1.01.

Question 16

Under this ____ ingredient test, all ______ elements (mutual assent; to act on the principal’s behalf; subject to the principal’s control) must be present.

Answer 16

3

3

Question 17

Under this 3 _______ _____ all three ______ (mutual assent; to act on the principal’s behalf; subject to the principal’s control) must be present.

Answer 17

ingredient test

elements

Question 18

Under this 3 ingredient test, all three elements (_____ _______; to act on the principal’s behalf; subject to the principal’s control) must be present.

Answer 18

mutual assent

Question 19

Under this three- ingredient test, all three elements (mutual assent; ____ ___ ___ ____ _____ ______; subject to the principal’s control) must be present.

Answer 19

to act on the principal’s behalf

Question 20

Under this three- ingredient test, all three elements (mutual assent; to act on the principal’s behalf; _____ ____ ___ _____ ______) must be present.

Answer 20

subject to the principal’s control

Question 21

Under this three- ingredient test, all three elements (mutual assent; to act on the principal’s behalf; subject to the principal’s control) ____ ____ _____.

Answer 21

must be present

Question 22

Both the ______ and the ______ must assent to the arrangement.

Answer 22

principal and the agent

Question 23

Both the principal and the agent must ______ to the ________.

Answer 23

assent to the arrangement

Question 24

_______ may be manifested through written or spoken word or through other conduct. RSTMT 3rd of Agency § 1.03.

Answer 24

assent

Question 25

Assent ____ ____ manifested through written or spoken word or through other conduct. RSTMT 3rd of Agency §1.03.

Answer 25

may be

Question 26

Assent may be manifested through _______ or _______ ______ or through _______ ______. RSTMT 3rd of Agency §1.03.

Answer 26

written or spoken word or through other conduct

Question 27

Assent may be:

Answer 27

manifested through written or spoken word or through other conduct. RSTMT 3rd of Agency §1.03.

Question 28

Additionally, the ____ _____ that one party benefits from another’s action is not sufficient to show a principal-agent relationship existed. See Yost v. Wabash College.

Answer 28

mere fact

Question 29

Additionally, the mere fact that _____ ____ benefits from another’s action is not sufficient to show a principal-agent relationship existed. See Yost v. Wabash college.

Answer 29

one party

Question 30

Additionally, the mere fact that one party ______ _______ another’s action is not sufficient to show a principal-agent relationship existed. See Yost v. Wabash college.

Answer 30

benefits from

Question 31

Additionally, the mere fact that one party benefits from ______ ________ is not sufficient to show a principal-agent relationship existed. See Yost v. Wabash college.

Answer 31

another’s action

Question 32

Additionally, the mere fact that one party benefits from another’s action ___ ___ _______ to show a principal-agent relationship existed. See Yost v. Wabash college.

Answer 32

is not sufficient

Question 33

Additionally, the mere fact that one party benefits from another’s action is not sufficient ___ ___ ____ principal-agent relationship existed. See Yost v. Wabash college.

Answer 33

to show a

Question 34

Additionally, the mere fact that one party benefits from another’s action is not sufficient to show a ______ _____ ______ _______. See Yost v. Wabash college.

Answer 34

principal-agent relationship existed

Question 35

Finally, the _____ ________ ability for one to control the other is not sufficient; the principal must exercise actual control. See United States v. Bonds; Yost.

Answer 35

mere hypothetical

Question 36

Finally, the mere hypothetical ability for _____ to ______ the _______ is not sufficient; the principal must exercise actual control. See United States v. Bonds; Yost.

Answer 36

one to control the other

Question 37

Finally, the mere hypothetical ability for one to control the other ____ ____ ______; the principal must exercise actual control. See United States v. Bonds; Yost.

Answer 37

is not sufficient

Question 38

Finally, the mere hypothetical ability for one to control the other is not sufficient; the ______ must exercise actual control. See United States v. Bonds; Yost.

Answer 38

principal

Question 39

Finally, the mere hypothetical ability for one to control the other is not sufficient; the principal _____ _______ ____ _______. See United States v. Bonds; Yost.

Answer 39

must exercise actual control

Question 40

Employee v. Independent Contractor

________ v. __________

Answer 40

agent v. non-agent

Question 41

_________ v. _______ _____

agent v. non-agent

Answer 41

employee v. independent contractor

Question 42

Generally, all _______ are _______, but not all _______ are _______.

Answer 42

employees are agents

agents are employees

Question 43

There is no firm definition of _________ under the Restatement (Third) of Agency.

Answer 43

employee

Question 44

There is no _____ _______ of employee under the Restatement (Third) of Agency.

Answer 44

firm definition

Question 45

The central consideration is the ______ of the _______ to control the conduct of the employee.

Answer 45

right of the employer

Question 46

The central consideration is the right of the employer to _______ the _______ of the employee.

Answer 46

control the conduct

Question 47

The central consideration is the right of the employer to control the conduct of the ________.

Answer 47

employee

Question 48

There is no firm definition of “employee” under the Restatement (Third) of Agency. The central consideration is:

Answer 48

the right of the employer to control the conduct of the employee.

Question 49

__________ of “continuing relationship” and a continuing set of duties that employers and employees owe to one another.

Answer 49

contemplation

Question 50

Contemplation of _______ _______ and a continuing set of duties that employers and employees owe to one another.

Answer 50

continuing relationship

Question 51

Contemplation of continuing relationship and a ______ ____ ___ _____ that employers and employees owe to one another.

Answer 51

continuing set of duties

Question 52

Contemplation of continuing relationship and a continuing set of duties that ______ and _______ owe to one another.

Answer 52

employers and employees

Question 53

________ retained as the need arises generally are not employees.

Answer 53

agents

Question 54

Agents ______ as the need arises generally are not employees.

Answer 54

retained

Question 55

Agents retained as the _____ ______ generally are not employees.

Answer 55

need arises

Question 56

Agents retained as the need arises generally are not _________.

Answer 56

employees

Question 57

Agents retained as the need arises generally are not employees.

However, an _______ ______ can still be an agent for some purposes.

Answer 57

independent contractor

Question 58

A _____ ____ ____ can be applied to determine if an agent is an employee or an independent contractor.

Answer 58

factor-based test

Question 59

A factor-based test can be applied to determine if an agent is an ______ or an ______ _______.

Answer 59

employee or independent contractor

Question 60

The _______ ______ in determining whether a party is an employee versus an independent contractor is the extent of the control exerted by the employer.

Answer 60

essential factor

Question 61

The essential factor in ________ ______ a party is an employee versus an independent contractor is the extent of the control exerted by the employer.

Answer 61

determining whether

Question 62

The essential factor in determining whether a ______ is an ________ versus an ________ _____ is the extent of control exerted by the employer.

Answer 62

party

employee

independent contractor

Question 63

The essential factor in determining whether a party is an employee versus an independent contractor is the ______ ___ _____ ______ by the ________.

Answer 63

extent of control exerted by the employer.

Question 64

If the _______ has significant control over the details of how the work is performed, the agent is more likely to be considered an employee.

Answer 64

principal

Question 65

If the principal has _______ _______ over the details of how the work is performed, the agent is more likely to be considered an employee.

Answer 65

significant control

Question 66

If the principal has significant control over the _______ of ______ the _____ is _______, the agent is more likely to be considered an employee.

Answer 66

details of how the work is performed

Question 67

If the principal has significant control over the details of how the work is performed, the _____ is more likely to be considered an ________.

Answer 67

agent

employee

Question 68

On the other hand, if the ______ only has control over the result of the work and not the means by which it is achieved, the agent is more likely to be classified as an independent contractor.

Answer 68

principal

Question 69

On the other hand, if the principal only has control over the _______ of the _______ and not the means by which it is achieved, the agent is more likely to be classified as an independent contractor.

Answer 69

result of the work

Question 70

On the other hand, if the principal only has control over the result of the work and not the ______ by which it is ________, the agent is more likely to be classified as an independent contractor.

Answer 70

means by which it is achieved

Question 71

On the other hand, if the principal only has control over the result of the work and not the means by which it is achieved, the _____ is more likely to be classified as an ________ ________.

Answer 71

agent

independent contractor

Question 72

Employee v. Independent Contractor
1. ?
2.
3.
4.
5.
6.
7.
8.
9.
10.

Answer 72

The extent of the control exerted by the employer

Question 73

Employee v. Independent Contractor
1.
2. ?
3.
4.
5.
6.
7.
8.
9.
10.

Answer 73

2. Whether the one employed is engaged in a distinct occupation

Question 74

Employee v. Independent Contractor
1.
2.
3. ?
4.
5.
6.
7.
8.
9.
10.

Answer 74

3. Whether the work is normally done under the supervision of an employer

Question 75

Employee v. Independent Contractor
1.
2.
3.
4. ?
5.
6.
7.
8.
9.
10.

Answer 75

4. The skill required

Question 76

Employee v. Independent Contractor
1.
2.
3.
4.
5. ?
6.
7.
8.
9.
10.

Answer 76

Whether the employer supplied the tools or instrumentalities

Question 77

Employee v. Independent Contractor
1.
2.
3.
4.
5.
6. ?
7.
8.
9.
10.

Answer 77

6. The length of time employed

Question 78

Employee v. Independent Contractor
1.
2.
3.
4.
5.
6.
7. ?
8.
9.
10.

Answer 78

7. Whether payment is by time or by the job

Question 79

Employee v. Independent Contractor
1.
2.
3.
4.
5.
6.
7.
8. ?
9.
10.

Answer 79

8. Whether the work is in the regular business of the employer

Question 80

Employee v. Independent Contractor
1.
2.
3.
4.
5.
6.
7.
8.
9. ?
10.

Answer 80

9. The subjective intent of the parties

Question 81

Employee v. Independent Contractor
1.
2.
3.
4.
5.
6.
7.
8.
9.
10. ?

Answer 81

10. Whether the employer is or is not in business

Question 82

According to the Restatement (Third) of Agency, the factor considered less critical in determining whether someone is an employee or an independent contractor is whether the one employed is _______ ___ _________. See United States v. Bonds.

Answer 82

working for compensation.

Question 83

According to the Restatement (Third) of Agency, the factor considered ______ ______ in determining whether someone is an employee or an independent contractor is whether the one employed is working for compensation. See United States v. Bonds.

Answer 83

less critical

Question 84

+ Case: United States v. Bonds

Court found no principal-agent relationship between Anderson and bonds. Anderson = independent contractor. Anderson was not acting as an agent of Bonds in delivering the samples. No manifestation of mutual assent.
!!

Answer 84

!!

Question 85

_______ ____ ______: A purported principal and agent cannot immunize their liability to third parties by placing their relationship outside agency liability via the language of the contract; fact based inquiry.

Answer 85

Disclaimers in contracts

Question 86

Disclaimers in Contracts: A _______ _______ and ______ cannot immunize their liability to third parties by placing their relationship outside agency liability via the language of the contract; fact based inquiry.

Answer 86

purported principal and agent

Question 87

Disclaimers in Contracts: A purported principal and agent _______ _______ their liability to third parties by placing their relationship outside agency liability via the language of the contract; fact based inquiry.

Answer 87

cannot immunize

Question 88

Disclaimers in Contracts: A purported principal and agent cannot immunize their ________ to ______ _____ by placing their relationship outside agency liability via the language of the contract; fact based inquiry.

Answer 88

liability to third parties

Question 89

Disclaimers in Contracts; A purported principal and agent cannot immunize their liability to third parties by placing their _________ ________ agency liability via the language of the contract; fact based inquiry.

Answer 89

relationship outside

Question 90

Disclaimers in Contracts: A purported principal and agent cannot immunize their liability to third parties by placing their relationship outside _____ ______ via the language of the contract; fact based inquiry.

Answer 90

agency liability

Question 91

Disclaimers in Contracts: A purported principal and agent cannot immunize their liability to third parties by placing their relationship outside agency liability via the ______ of the ______; fact based inquiry.

Answer 91

language of the contract

Question 92

If it looks, sounds, and acts like a ______ ____ ______, it is a ______ ____ ______, no matter how the parties have labeled it.

Answer 92

principal-agent relationship

principal-agent relationship

Question 93

The _____ owes the ______ a general fiduciary duty to act in the principal’s benefit in all matters connected with the agency relationship. Agents owe fiduciary duties to their principals immediately.

Answer 93

agent owes the principal

Question 94

The agent owes the principal a ______ _____ _____ to act in the principal’s benefit in all matters connected with the agency relationship. Agents owe fiduciary duties to their principals immediately.

Answer 94

general fiduciary duty

Question 95

The agent owes the principal a general fiduciary duty to _____ in the ________ _______ in all matters connected with the agency relationship. Agents owe fiduciary duties to their principals immediately.

Answer 95

act in the principal’s benefit

Question 96

The agent owes the principal a general fiduciary duty to act in the principal’s benefit in all ______ ______ with the ________ _______. Agents owe fiduciary duties to their principals immediately.

Answer 96

matters connected with the agency relationship

Question 97

The agent owes the principal general fiduciary duty to act in the principal’s behalf in all matters connected with the agency relationship. _______ owe _______ _____ to their _______ immediately.

Answer 97

Agents owe fiduciary relationship to their principals

Question 98

The agent owes the principal a general fiduciary duty to act in the principal’s behalf in all matters connected with the agency relationship. Agents owe fiduciary relationship to their principals _________.

Answer 98

immediately.

Question 99

The ______ owes the ______ the duties of loyalty to refrain from competing, misappropriating, breaching confidence, or acting adversely against or inconsistently with promoting the employer’s best interest.

Answer 99

agent owes the principal

Question 100

The agent owes the principal the ______ ___ _____ to refrain from competing, misappropriating, breaching confidence, or acting adversely against or inconsistently with promoting the employer’s best interest.

Answer 100

duties of loyalty

Question 101

The agent owes the principal the duties of loyalty to refrain from __________, _________, breaching confidence, or acting adversely against or inconsistently with promoting the employer’s best interest.

Answer 101

competing

misappropriating

Question 102

The agent owes the principal the duties of loyalty to refrain from competing, misappropriating, _______ _______ or _______ ________ against or inconsistently with promoting the employer’s best interest.

Answer 102

breaching confidence or acting adversely

Question 103

The agent owes the principal the duties of loyalty to refrain from competing, misappropriating, breaching confidence or acting adversely _______ or ________ with promoting the employer’s best interest.

Answer 103

against or inconsistently

Question 104

The agent owes the principal the duties of loyalty to refrain from competing, misappropriating, breaching confidence or acting adversely against or inconsistently with _______ the ______ ____ _____.

Answer 104

promoting the employer’s best interest.

Question 105

________ ________ are generally enforceable so long as they are “reasonable”. Non- compete agreements must be limited in time (3 years or less), limited in space (sensible geographic boundaries), and limited in scope of work.

Answer 105

Non-compete Agreements

Question 106

Non-compete agreements are generally ___________ so long as they are “reasonable”. Non- compete agreements must be limited in time (3 years or less), limited in space (sensible geographic boundaries), and limited in scope of work.

Answer 106

enforceable

Question 107

Non-compete agreements are generally enforceable so long as they are _________. Non- compete agreements must be limited in time (3 years or less), limited in space (sensible geographic boundaries), and limited in scope of work.

Answer 107

reasonable

Question 108

Non-compete agreements are generally enforceable so long as they are reasonable. Non-compete agreements ________ ______ limited in time (3 years or less), limited in space (sensible geographic boundaries), and limited in scope of work.

Answer 108

must be

Question 109

Non-compete agreements are generally enforceable so long as they are reasonable. Non-compete agreements must be
1. ?
2.
3.

Answer 109

limited in time (3 years or less)

Question 110

Non-compete agreements are generally enforceable so long as they are reasonable. Non-compete agreements must be
1.
2. ?
3.

Answer 110

limited in space (sensible geographic boundaries)

Question 111

_________ are generally the only thing that can extend the duty of loyalty.

Answer 111

non-competes

Question 112

Non-compete agreements are generally enforceable so long as they are reasonable. Non-compete agreements must be
1.
2.
3. ?

Answer 112

3. limited in scope of work

Question 113

Non-competes are generally the only thing that can extend the ____ _____ _____.

Answer 113

duty of loyalty

Question 114

The ______ also owes the ________ a duty of performance.

Answer 114

agent

principal

Question 115

The agent also owes the principal a ______ _____ ______.

Answer 115

duty of performance

Question 116

The _______ owes the _______ the duty created by the contract, the duty to indemnify, and the duty to deal fairly and in good faith.

Answer 116

principal

agent

Question 117

The principal owes the agent the duty ______ ___ ___ _____, the duty to indemnify, and the duty to deal fairly and in good faith.

Answer 117

created by the contract

Question 118

The principal owes the agent the duty created by the contract, the _____ ____ _____, and the duty to deal fairly and in good faith.

Answer 118

duty to indemnify

Question 119

The principal owes the agent the duty created by the contract, the duty to indemnify, and the ______ ___ ______ _____ and ____ ___ _____.

Answer 119

duty to deal fairly and in good faith.

Question 120

What duties are owed by the principal to the agent?

Answer 120

1. the duty created by the contract
2. The duty to indemnify
3. The duty to deal fairly and in good faith

Question 121

What duties are owed by the agent to the principal?

Answer 121

1. General fiduciary duty
2. Duties of loyalty
3. Duty of performance

Question 122

+ Case: Food Lion v. Capital Cities/ ABC, Inc.

Holding: Dale and Barnett breached their duty to their employer (Food Lion) by promoting the interests of their employer (ABC) to the detriment of Food Lion with the requisite intent to act against the interests of Food Lion. In doing this, Dale and Barnett did not serve Food Lion faithfully, and their interest (which was the same of ABC’s) was diametrically opposed to Food Lion’s.
!!

Answer 122

!!

Question 123

The rule is that an _______ is always liable for their own tortious conduct, even when acting in the scope of an agency relationship.

Answer 123

agent

Question 124

The rule is that an agent is ____ ______ for their own tortious conduct, even when acting in the scope of an agency relationship.

Answer 124

always liable

Question 125

The rule is that an agent is always liable for ______ _______ _____ ______, even when acting in the scope of an agency relationship.

Answer 125

their own tortious conduct

Question 126

The rule is that an agent is always liable for their own tortious conduct, ____ ______ _____ in the scope of an agency relationship.

Answer 126

even when acting

Question 127

The rule is that an agent is always liable for their own tortious conduct even when acting in the ______ of a ______ _______.

Answer 127

scope of an agency relationship

Question 128

According to Restatement (Third) of Agency § 7.0, an _______ is subject to liability to a third party harmed by the agent’s tortious conduct. Unless an applicable statute provides otherwise, an actor remains subject to liability although the actor acts as an agent or an employee, with actual or apparent authority, or within the scope of employment.

Answer 128

agent

Question 129

According to Restatement (Third) of Agency § 7.0, an agent is ________ ___ _______ to a third party harmed by the agent’s tortious conduct. Unless an applicable statute provides otherwise, an actor remains subject to liability although the actor acts as an agent or an employee, with actual or apparent authority, or within the scope of employment.

Answer 129

subject to liability

Question 130

According to Restatement (Third) of Agency § 7.0, an agent is subject to liability to a ____ _____ harmed by the agent’s tortious conduct. Unless an applicable statute provides otherwise, an actor remains subject to liability although the actor acts as an agent or an employee, with actual or apparent authority, or within the scope of employment.

Answer 130

third party

Question 131

According to Restatement (Third) of Agency § 7.0, an agent is subject to liability to a third party _______ by the _____ _____ ______. Unless an applicable statute provides otherwise, an actor remains subject to liability although the actor acts as an agent or an employee, with actual or apparent authority, or within the scope of employment.

Answer 131

harmed

agent’s tortious conduct

Question 132

According to Restatement (Third) of Agency § 7.0, an agent is subject to liability to a third party harmed by the agent’s tortious conduct. Unless an applicable _______ provides otherwise, an actor remains subject to liability although the actor acts as an agent or an employee, with actual or apparent authority, or within the scope of employment.

Answer 132

statute

Question 133

According to Restatement (Third) of Agency § 7.0, an agent is subject to liability to a third party harmed by the agent’s tortious conduct. Unless an applicable statute provides otherwise, an ______ remains subject to liability although the ______ acts as an agent or an employee, with actual or apparent authority, or within the scope of employment.

Answer 133

actor

actor

Question 134

According to Restatement (Third) of Agency § 7.0, an agent is subject to liability to a third party harmed by the agent’s tortious conduct. Unless an applicable statute provides otherwise, an actor remains subject to liability although the actor acts as an _______ or an ________, with actual or apparent authority, or within the scope of employment.

Answer 134

agent or an employee

Question 135

According to Restatement (Third) of Agency § 7.0, an agent is subject to liability to a third party harmed by the agent’s tortious conduct. Unless an applicable statute provides otherwise, an actor remains subject to liability although the actor acts as an agent or an employee, with _______ or ______ _______, or within the scope of employment.

Answer 135

actual or apparent

Question 136

According to Restatement (Third) of Agency § 7.0, an agent is subject to liability to a third party harmed by the agent’s tortious conduct. Unless an applicable statute provides otherwise, an actor remains subject to liability although the actor acts as an agent or an employee, with actual or apparent authority, or within the ________ ___ ________.

Answer 136

scope of employment

Question 137

Although a principal has a duty to _________ the agent, see Restatement (Third) of Agency § 8.14, this would not impact the ability to bring suit for negligence.

Answer 137

indemnify