agency and torts (negligence) Flashcards
respondeat supierior and authority
$ Respondent superior -ee and er relationship, er responsible for ee acts within the scope
-Within the scope- er was motivated by a desire to serve the er (acting within the company’s purpose), or it’s work assigned by the er (expressly), or ee is engaging in a course of conduct subject by er’s control(the thing was property of the company)
-Not outside of scope- if ee conduct is merely a disregard of er’s instructions
-Is outside of scope- it occurs within an independent course of conduct not intended by ee to serve any purpose of the er
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-Agency therory and respondent superior (principal liability)
*Principal (er) can be liable for agent (ee) torts even if the conditions of respondeat super liability are not satisfied.
Ie. Principal was negligent or reckless in the selection of the agent.
*principal can be liable for agents torts if principal have a special relationship with the injured person that imposed a special duty on P to take care or protect against the risk that the agent would harm the injured person.
*principal can be liable for torts committed by agent when the agent “ appears to deal or communicate on behalf of a principal and the the agents appearance of au enable the agent to commit the tort. Apparant au- is created by third party reasonably believes that a agent has authority to act on behalf of the principal.
-ex: company vehicle , beleave acting on prin behalf or prior dealings and er never told third party their dealings was done
*when the injury is not foreseeable from the action as long as was foreseeable that would be injured and suffered a injury then will be enough.
