Agency

Question 1

Duties of an Agent to a Principal

Answer 1

Duty of Loyalty
Duty to Obey Instructions
Duty of Care
Duty to Provide Information

Question 2

Components of the Duty of Loyalty

Answer 2

Restriction of Outside Benefits
Confidential Information
No Competition with Principal
No Conflict between Principals
No Secret Dealing
Appropriate Behavior

Question 3

Duties of a Principal to an Agent

Answer 3

Reimbursement

Cooperation

Question 4

Requirements of an Agency Relationship

Answer 4

Principal (P)
Agent (A)
Mutual Consent
Control
Fiduciary Relationship

Question 5

Agent’s Liability for Contracts of Principal

Answer 5

Fully Disclose P (only P liable)
Partially Disclose P (A and P are jointly and severally liable)
Undisclosed P (A and P are jointly and severally liable)

Question 6

Fully Disclosed P

Answer 6

Existence and Identity of P is revealed

Question 7

Partially Disclosed P

Answer 7

Existence but not the Identity of the P is revealed.

Question 8

Undisclosed P

Answer 8

Plaintiff can find out about a Undisclosed P during the discovery process and add them to the complaint

Question 9

Factors the Court Considers When Determining Whether P is Liable for the Torts of A

Answer 9

Whether the act occurred during business hours
Whether the act is part of P’s general business
Whether the act is similar to one authorized by P
Whether P supplied the tools
Whether the act is seriously criminal

Question 10

Factors

Answer 10

Do not need to prove all of them (not elements)

Court will consider in totality of circumstances

Question 11

Individual

Answer 11

An individual is always liable for his/her own negligence and intentional torts

Question 12

When is a P liable for the Torts of and A

Answer 12

When the A has acted within the scope of employment

Question 13

Seriously Criminal Act

Answer 13

It usually severs the P liability