Agency

Question 1

acting in scope of employement

Answer 1

Whether an act is within the scope of employment depends in part on

(1) the agent’s intent to benefit the principal, and
(2) whether the conduct was the kind that the agent was hired to perform.

Question 2

death of principal

Answer 2

The death of a principal does NOT terminate an agent’s express authority until the agent is aware of the principal’s death.

Question 3

ratification (4)

Answer 3

(i) the principal must ratify the entire contract;
(ii) the principal and the third party must have legal capacity to enter into the contract;
(iii) the ratification must occur before the third party withdraws from the contract; and
(iv) the principal must know the material facts of the transaction.