Agency

Question 1

Principal Liability for Agents Tort

Answer 1

1) Assent, Benefit, Control + Scope = VICARIOUSLY LIABLE
2) No vicarious liability for independent contractor
3) intentional Tort are generally outside the scope.

Question 2

Principal Liability for Agent Contracts

Answer 2

1) Actual Express Authority
* Oral, Except land, revokable unless made durable.

2) Actual Implied
a) Necessity
b) custom
c) Prior Agreement

3) Apparent Authority
a) Principal Cloak
b) 3rd Party relied

4) Ratification
a) knowledge + b) accept of all benefits

5) Authorized agent are not liable unless, undisclosed principal.

Question 3

Agency: Authority

Actual Express Authority

Answer 3

Oral and private from principal

Exception:

1) SOF
2) Durable power

• Narrow Construed to Work

Question 4

Agency Implied Authority

Prior Acquiescence by Principal

Answer 4

There is implied authority to do all tasks which the agent believes the agent has authorized to do from prior Acquiescence of the principal.

• Your silence it can imply to keep doing it.

Question 5

Principal Tort Liability

Two part Test

Answer 5

1) Must be a principal agent relationship

2) The tort was committed by the agent within the scope of that relationship

Question 6

2) Scope of Principal Agent Relationship Factors

Respondiat Superior

Answer 6

1) Was conduct “of the kind” agent was hired to perform
2) Frolic or Detour
3) Did the agent intent to benefit principal