Agency And Negligence Flashcards
When can an agent be liable to be sued?
Where it seems like the agent is seen as the principal
- principal is not named
- not known to be an agent (agent can sue as well)
OR
When agent has no authority (tort of deceit or breach of warranty of authority when it’s believed)
What is res ipsa loquitur?
An argument by the claimant that ‘the facts speak for themselves’ in pointing to a breach on the part of the defendant.
The burden of proof then shifts to the defendant to show that he was not negligent
(Loquitur - LOOK AT HER, SHE DID IT TO ME
What position does the measure of damages lead to:
In tort
In contract
In contract - restore the party to the position they would be in if the contract was completed
In tort - restore the party to the position they were in if it hadn’t happened
What is the test based on regarding the standard of care
The test will depend on knowledge (surrounding incident) and practice AT THE TIME of the INCIDENT
(Eg is standard of care that of an ordinary reasonable man guided by those considerations that normally regulate the conduct of human affairs. Eg driver vs non-driver rather than learner driver vs standard)
What is volenti non fit injuria?
This applies where the claimant voluntarily (i.e. exercising free choice) agrees to undertake the legal risk of loss or damage at their own expense
What is a capital redemption reserve?
It is a non-distributable reserves and represents paid-up share capital
Does the agent need capacity to enter into the contract?
No
What is an agency by estoppel?
Where the principles conduct give the third-party the impression that the agent has authority (ie held out)
As the supplier relies on the continuing representation
Regarding agency by estoppel, is it necessary for 3rd party to show representations? What must they show?
- third party must show that they have relied on the representation that the contracting party was acting as agent with the principal
