Agency

Question 1

hook: substitute clothes

What substitutes for actual authority exist to bind a principal to an agent’s contract?

Answer 1

RAApa

Question 2

What substitutes for actual authority exist to bind a principal to an agent’s contract?

RAApa

Answer 2

Ratification, Adoption, or Apparent authority

Question 3

hook: when another can put DIBs on it

How is agent’s actual authority terminated?

Answer 3

T-CAAP-DIB

Question 4

How is agent’s actual authority terminated?

T-CAAP-DIB

Answer 4

Time (specified or reasonable), Change of circumstance, agent acquires Adverse interest, Agent says so, Principal says so (unless coupled w/an interest making it irrevocable), Death, Incapacity, Bankruptcy (unless coupled w/an interest)

Question 5

hook: blues brothers needed an agent, while they were on a mission from God

What are an agent’s duties?

Answer 5

LORD-RC

Question 6

What are an agent’s duties?

LORD-RC

Answer 6

fiduciary duties of Loyalty, Obedience to Reasonable Directions, and Reasonable Care under the circumstances

Question 7

PPP think Ks are rad! + Common + Kanye make right

Can a P ratify an A’s contract?

Answer 7

3PAXA

KOM-AN-Cap

Question 8

Can a P ratify an A’s contract?

3PAXA

KOM-AN-Cap

Answer 8

3PAXA = suing 3P on k, Accepting benefit of k, or eXpressly Affirming k

KOM-AN-Cap = Knowledge Of all Material facts, All or Nothing (P must accept entire transaction), Capacity (at time of ratification and original k b/c ratification is retroactive)

Question 9

Cee labor + friends

How do you determine whether a tortfeasor was an employee or independent contractor?

Answer 9

Control-SWTR-LSP

Question 10

How do you determine whether a tortfeasor was an employee or independent contractor?

Control-SWTR-LSP

Answer 10

right to Control details & performance, whether exercised, evidence includes:

Supplying Workplace & Tools, work is part of Regular business of employer, employment Long term, little Skill required, Payment made in regular intervals instead of by job

Question 11

interfere w/ Kanye’s artists

When is a principal liable for an independent contractor’s torts?

Answer 11

Negligent-NO-ID

Question 12

When is a principal liable for an independent contractor’s torts?

Negligent-NO-ID

Answer 12

principal Negligent in selecting contractor,

duty NOndelegable,

or

activity is Inherently Dangerous