Agency Liability

Question 1

Respondeat Superior

Answer 1

Principal may be held vicariously liable for a tort comiited by an agent acting within the scope of employment

AKA Derivative Liability

Question 2

Requirements for RS to apply

Respondeat Superior

Answer 2

1. There is an employer-employee relationship (look to control)
2. Agent commits tort while acting within the scope of employment

Agent who appoints subagent may also be vicariously liable

Question 3

Scope of Employment

RS - Agency

Answer 3

• Did the agent** intend to benefit the principal**?
• Was the agents conduct the kind he was hired to perform?
• Did tort occur “on the job”?

Question 4

Vicarious liability for Independent Contractors

Answer 4

NO LIABILTY except for:
* Inherantly dangerous tasks
* Negligent hiring (pick name out of a hat for uranium removal)
* Principal retains control during certain acts/tasks and tort occurs druing those certain acts/tasks

Question 5

Frolic

Answer 5

A significant deviation from assigned path - outside scope of employment

Question 6

Detour

Answer 6

A minor deviation from assigned path - within scope of employment

Question 7

Intentional Torts

RS - Agency Liability

Answer 7

Generally outside scope of employment unless:
1. Occurred within general space and time of employment;
2. Agent was motivated in part to benefit principal; and
3. Act is of a kind agent was hired to perform

Same with criminal conduct

Question 8

Prinicpal’s Direct Liability

Answer 8

• Principal authorizes/ratifies agent’s conduct
• Principal is negligent in seclecting/training/supervising/controlling agent
• Principal delegates a non-delegable (ie v important to community, safety concern) duty and agent breaches it

Question 9

Levels of Disclosure (Liability)

Answer 9

• Disclosed principal
• Partially disclosed principal
• Undisclosed Principal

Question 10

Disclosed Principle

Answer 10

Third Party knows:
* Agent is acting on behalf of principal
* Principal’s identity

Agent is not liable if they
* Enter on behalf of P
* Not agree to be party to K
* Disclose existence and ID of P

Parties to K = 3rd party and Principal

Question 11

Partially Disclosed Principal

Answer 11

Third party knows:
* Agent is working on behalf of principal
* No ID for Principal

Parties to K = Principal, 3rd party, Agent

Question 12

Undisclosed Principal

Answer 12

Third party knows nothing of agent authority or Principals ID or existence

Parties to K = 3rd Party and Agent

Remember estoppel

Question 13

Fraudulent Concealment

Answer 13

P and A know that 3rd party would never deal with P (must be actual knowledge)