Agency Part 2 Flashcards
The rule is that a ________ is directly liable to a third party harmed by an agent’s conduct when the agent acts with actual authority. Restatement (Third) of Agency § 7.03.
principal
The rule is that a principal is ______ ______ to a third party harmed by an agent’s conduct when the agent acts with actual authority. Restatement (Third) of Agency § 7.03.
directly liable
The rule is that a principal is directly liable to a _____ _____ harmed by an agent’s conduct when the agent acts with actual authority. Restatement (Third) of Agency § 7.03.
third party
The rule is that a principal is directly liable to a third party _______ ___ _____ agent’s conduct when the agent acts with actual authority. Restatement (Third) of Agency § 7.03.
harmed by an
The rule is that a ______ is directly liable to a _____ ______ harmed by an _______ conduct when the ______ acts with actual authority. Restatement (Third) of Agency § 7.03.
principal
third party
agents
agent
The rule is that a principal is directly liable to a third party harmed by an agent’s _______ when the agent _____ with _______ ______. Restatement (Third) of Agency § 7.03.
conduct
acts
actual authority
An ______ acts with actual authority when, at the time of taking action that has legal consequences for the principal, the agent reasonably believes, in accordance with the principal’s manifestations to the agent, that the principal wishes the agent so to act. Restatement (Third) of Agency § 2.01.
agent
An agent ______ with ______ ______ when at the time of taking action that has legal consequences for the principal, the agent reasonably believes, in accordance with the principal’s manifestations to the agent, that the principal wishes the agent so to act. Restatement (Third) of Agency § 2.01.
acts with actual authority
An agent acts with actual authority when, at the ______ of _____ _______ that has legal consequences for the principal, the agent reasonably believes, in accordance with the principal’s manifestations to the agent, that the principal wishes the agent so to act. Restatement (Third) of Agency § 2.01.
time of taking action
An agent acts with actual authority when at the time of taking action that has _______ _________ for the principal, the agent reasonably believes, in accordance with the principal’s manifestations to the agent, that the principal wishes the agent so to act. Restatement (Third) of Agency § 2.01.
legal consequences
An agent acts with actual authority when at the time of taking action that has legal consequences for the ________, the ______ reasonably believes, in accordance with the principal’s manifestations to the agent, that the principal wishes the agent so to act. Restatement (Third) of Agency § 2.01.
principal
the agent
An agent acts with actual authority when at the time of taking action that has legal consequences for the principal, the agent _________ _________ in accordance with the principal’s manifestations to the agent, that the principal wishes the agent so to act. Restatement (Third) of Agency § 2.01.
reasonably believes
An agent acts with actual authority when at the time of taking action that has legal consequences for the principal, the agent reasonably believes ____ _________ with the principal’s manifestations to the agent, that the principal wishes the agent so to act. Restatement (Third) of Agency § 2.01.
in accordance
An agent acts with actual authority when at the time of taking action that has legal consequences for the principal, the agent reasonably believes in accordance with the _______ ________ to the _____, that the principal wishes the agent so to act. Restatement (Third) of Agency § 2.01.
principals manifestations
agent
An agent acts with actual authority when at the time of taking action that has legal consequences for the principal, the agent reasonably believes in accordance with the principal’s manifestations to the agent, that the ________ _______ the ________ so to act. Restatement (Third) of Agency § 2.01.
principal wishes the agent
An _______ acts with express actual authority to take action designated or implied in the principal’s manifestations to the agent.
agent
An agent _______ with express actual authority to take action designated or implied in the principals manifestations to the agent.
acts
An agent acts with ________ ______ ______ to take action designated or implied in the principals manifestations to the agent.
express actual authority
An agent acts with express actual authority to ______ ______ designated or implied in the principals manifestations to the agent.
take action
An agent acts with express actual authority to take action ________ or ________ in the principals manifestations to the agent.
designated or implied
An agent acts with express actual authority to take action designated or implied in the _________ _________ to the _______.
principals manifestations to the agent
________ ______ _____ exists where the principal has made it clear to the agent in written or spoken words that he or she wants the act under scrutiny to be done.
Express Actual Authority
Express Actual Authority exists where the ________ has made it clear to the _______ in written or spoken words that he or she wants the act under scrutiny to be done.
principal
agent
Express Actual Authority exists where the principal has made it clear to the agent in ______ or _______ ______ that he or she wants the act under scrutiny to be done.
written or spoken words
An ________ acts with implied actual authority to undertake acts necessary or incidental to achieving the principal’s objectives, as the agent reasonably understands the principal’s manifestations and objectives when the agent determines how to act.
agent
An agent acts with _______ ______ _______ to undertake acts necessary or incidental to achieving the principal’s objectives, as the agent reasonably understands the principal’s manifestations and objectives when the agent determines how to act.
implied actual authority
An agent acts with implied actual authority to ________ _______ necessary or incidental to achieving the principal’s objectives, as the agent reasonably understands the principal’s manifestations and objectives when the agent determines how to act.
undertake acts
An agent acts with implied actual authority to undertake acts _________ or _________ to achieving the principal’s objectives, as the agent reasonably understands the principal’s manifestations and objectives when the agent determines how to act.
necessary or incidental
An agent acts with implied actual authority to undertake acts necessary or incidental to _________ the _________ _________, as the agent reasonably understands the principal’s manifestations and objectives when the agent determines how to act.
achieving the principals objectives
An agent acts with implied actual authority to undertake acts necessary and incidental to achieving the principals objectives as the ______ _______ _________ the principal’s manifestations and objectives when the agent determines how to act.
agent reasonably understands
An agent acts with implied actual authority to undertake acts necessary and incidental to achieving the principals objectives as the agent reasonably understands the _________ _________ and _________ when the ______ determines how to act.
principal’s manifestations and objectives
agent
Giving an agent express authority to undertake a certain act also includes _______ _______ _______ to do all things proper, usual, and necessary to exercise that express authority.
implied actual authority
_________ _________ can be defined as how a reasonable person in the agent’s position would interpret the manifestations in light of the context and the circumstances creating the agency.
Reasonably believes
Reasonably believes can be defined as how a _________ ________ in the agent’s position would interpret the manifestations in light of the context and the circumstances creating the agency.
reasonable person
Reasonably believes can be defined as how a reasonable person in the _______ _______ would interpret the manifestations in light of the context and the circumstances creating the agency.
agent’s position
Reasonably believes can be defined as how a reasonable person in the agent’s position would ________ ____ _______ in light of the context and the circumstances creating the agency.
interpret the manifestations
Reasonably believes can be defined as how a reasonable person in the agent’s position would interpret the manifestations in light of the _______ and the _________ _________ the ________.
context
circumstances creating
agency
+ Case: Castillo
Holding: Housing and transportation issues are well within the implied authority of ATC because these are “________ ________” of Case Farms’ recruitment process which relied on a workforce primarily migrating from out of state.
It was “essential to the success” of Case Farms’ hiring practices to assist out-of-state workers with housing. Case Farms is liable for the actions of ATC that violated the Migrant and Seasonal Agricultural Worker Protection Act.
Express Actual Authority: Recruit and Hire People
Implied Actual Authority: all things proper, usual, and necessary to achieve P’s objectives – e.g., provide transportation, housing.
necessary components
+ Case: Castillo
Holding: Housing and transportation issues are well within the implied authority of ATC because these are “necessary components” of Case Farms’ recruitment process which relied on a workforce primarily migrating from out of state.
It was “essential to the success” of Case Farms’ hiring practices to assist out-of-state workers with housing. Case Farms is liable for the actions of ATC that violated the Migrant and Seasonal Agricultural Worker Protection Act.
_______ ______ _______: Recruit and Hire People
_______ _____ ______: all things proper, usual, and necessary to achieve P’s objectives – e.g., provide transportation, housing.
express actual authority
implied actual authority
An ________ acts with ________ ________ when the power held by an agent or other actor to affect a principal’s legal relations with third parties when a third party reasonably believes the actor has authority to act on behalf of the principal and that belief is traceable to the principal’s manifestations.
agent
apparent authority
An agent acts with apparent authority when the ______ _____ by an agent or other actor to affect a principal’s legal relations with third parties when a third party reasonably believes the actor has authority to act on behalf of the principal and that belief is traceable to the principal’s manifestations.
power held
An agent acts with apparent authority when the power held by an _______ or ______ _____ to affect a principal’s legal relations with third parties when a third party reasonably believes the actor has authority to act on behalf of the principal and that belief is traceable to the principal’s manifestations.
agent or other actor
An agent acts with apparent authority when the power held by an agent or other actor to _______ ____ _______ ______ ______ with third parties when a third party reasonably believes the actor has authority to act on behalf of the principal and that belief is traceable to the principal’s manifestations.
affect a principal’s legal relations
An agent acts with apparent authority when the power held by an agent or other actor to affect a principal’s legal relations with _____ _______ when a third party reasonably believes the actor has authority to act on behalf of the principal and that belief is traceable to the principal’s manifestations.
third parties
An agent acts with apparent authority when the power held by an agent or other actor to affect a principal’s legal relations with third parties when a ______ _________ ______ _______ the actor has authority to act on behalf of the principal and that belief is traceable to the principal’s manifestations.
third party reasonably believes
An agent acts with apparent authority when the power held by an agent or other actor to affect a principal’s legal relations with third parties when a third party reasonably believes the _____ _____ _______ ____ _______ on behalf of the principal and that belief is traceable to the principal’s manifestations.
actor has authority to act
An agent acts with apparent authority when the power held by an agent or other actor to affect a principal’s legal relations with third parties when a third party reasonably believes the actor has authority to act on ______ ____ ____ ______ and that belief is traceable to the principal’s manifestations.
behalf of the principal
An agent acts with apparent authority when the power held by an agent or other actor to affect a principal’s legal relations with third parties when a third party reasonably believes the actor has authority to act on behalf of the principal and that _____ ____ ______ to the principal’s manifestations.
belief is traceable
An agent acts with apparent authority when the power held by an agent or other actor to affect a principal’s legal relations with third parties when a third party reasonably believes the actor has authority to act on behalf of the principal and that belief is traceable to the ________ ________.
principal’s manifestations
An _______ acts with ______ _______ when the power held by an ______ or other actor to affect a ________ legal relations with ______ ______ when a _______ _____ reasonably believes the actor has authority to act on behalf of the _________ and that belief is traceable to the _________ __________.
agent
apparent authority
agent
principal’s
third parties
third party
principal
principal’s manifestations
_________ __________ arises when a principal, through words or conduct, leads a third party to reasonably believe that an agent has authority to act on the principal’s behalf, even if the agent lacks actual authority. The principal is bound by the agent’s actions when apparent authority exists, regardless of whether the agent actually had the authority conferred upon them by the principal.
apparent authority
Apparent authority arises when a _________, through words or conduct, leads a third party to reasonably believe that an agent has authority to act on the principal’s behalf, even if the agent lacks actual authority. The principal is bound by the agent’s actions when apparent authority exists, regardless of whether the agent actually had the authority conferred upon them by the principal.
principal
Apparent authority arises when a principal, _____ _____ ____ ______, leads a third party to reasonably believe that an agent has authority to act on the principal’s behalf, even if the agent lacks actual authority. The principal is bound by the agent’s actions when apparent authority exists, regardless of whether the agent actually had the authority conferred upon them by the principal.
through words or conduct
Apparent authority arises when a principal, through words or conduct, _____ ____ ____ ______ to reasonably believe that an agent has authority to act on the principal’s behalf, even if the agent lacks actual authority. The principal is bound by the agent’s actions when apparent authority exists, regardless of whether the agent actually had the authority conferred upon them by the principal.
leads a third party
Apparent authority arises when a principal, through words or conduct, leads a third party to ________ ________ that an agent has authority to act on the principal’s behalf, even if the agent lacks actual authority. The principal is bound by the agent’s actions when apparent authority exists, regardless of whether the agent actually had the authority conferred upon them by the principal.
reasonably believe
Apparent authority arises when a principal, through words or conduct, leads a third party to reasonably believe that an _____ _____ _____ ____ _____ on the principal’s behalf, even if the agent lacks actual authority. The principal is bound by the agent’s actions when apparent authority exists, regardless of whether the agent actually had the authority conferred upon them by the principal.
agent has authority to act
Apparent authority arises when a principal, through words or conduct, leads a third party to reasonably believe that an agent has authority to act on the _______ ______, even if the agent lacks actual authority. The principal is bound by the agent’s actions when apparent authority exists, regardless of whether the agent actually had the authority conferred upon them by the principal.
principal’s behalf
Apparent authority arises when a principal, through words or conduct, leads a third party to reasonably believe that an agent has authority to act on the principal’s behalf, _____ _____ the agent lacks actual authority. The principal is bound by the agent’s actions when apparent authority exists, regardless of whether the agent actually had the authority conferred upon them by the principal.
even if
Apparent authority arises when a principal, through words or conduct, leads a third party to reasonably believe that an agent has authority to act on the principal’s behalf, even if the _____ ______ _______ ________. The principal is bound by the agent’s actions when apparent authority exists, regardless of whether the agent actually had the authority conferred upon them by the principal.
agent lacks actual authority
Apparent authority arises when a principal, through words or conduct, leads a third party to reasonably believe that an agent has authority to act on the principal’s behalf, even if the agent lacks actual authority. The ________ ___ ____ ______ the agent’s actions when apparent authority exists, regardless of whether the agent actually had the authority conferred upon them by the principal.
principal is bound by
Apparent authority arises when a principal, through words or conduct, leads a third party to reasonably believe that an agent has authority to act on the principal’s behalf, even if the agent lacks actual authority. The principal is bound by the ______ ______ when apparent authority exists, regardless of whether the agent actually had the authority conferred upon them by the principal.
agent’s actions
Apparent authority arises when a principal, through words or conduct, leads a third party to reasonably believe that an agent has authority to act on the principal’s behalf, even if the agent lacks actual authority. The principal is bound by the agent’s actions when _______ ______ exists, regardless of whether the agent actually had the authority conferred upon them by the principal.
apparent authority
Apparent authority arises when a principal, through words or conduct, leads a third party to reasonably believe that an agent has authority to act on the principal’s behalf, even if the agent lacks actual authority. The principal is bound by the agent’s actions when apparent authority exists, regardless of whether the _______ actually had the _______ ________ ______ ______ by the ________.
agent
authority conferred upon them
principal
The _______ of apparent authority is determined by the reasonable expectations of the third party based on the principal’s manifestations. It extends to actions that are customary or usual in the type of agency relationship involved, as well as actions that are reasonably necessary to carry out the principal’s objectives.
scope
The scope of ________ ________ is determined by the reasonable expectations of the third party based on the principal’s manifestations. It extends to actions that are customary or usual in the type of agency relationship involved, as well as actions that are reasonably necessary to carry out the principal’s objectives.
apparent authority
The scope of apparent authority is ________ _____ the reasonable expectations of the third party based on the principal’s manifestations. It extends to actions that are customary or usual in the type of agency relationship involved, as well as actions that are reasonably necessary to carry out the principal’s objectives.
determined by
The scope of apparent authority is determined by the _______ ________ of the third party based on the principal’s manifestations. It extends to actions that are customary or usual in the type of agency relationship involved, as well as actions that are reasonably necessary to carry out the principal’s objectives.
reasonable expectations
The scope of apparent authority is determined by the reasonable expectations of the _______ _______ based on the principal’s manifestations. It extends to actions that are customary or usual in the type of agency relationship involved, as well as actions that are reasonably necessary to carry out the principal’s objectives.
third party
The scope of apparent authority is determined by the reasonable expectations of the third party based on the _________ ________. It extends to actions that are customary or usual in the type of agency relationship involved, as well as actions that are reasonably necessary to carry out the principal’s objectives.
principal’s manifestations
The scope of apparent authority is determined by the reasonable expectations of the third party based on the principal’s manifestations. It _______ ____ _______ that are customary or usual in the type of agency relationship involved, as well as actions that are reasonably necessary to carry out the principal’s objectives.
extends to actions
The scope of apparent authority is determined by the reasonable expectations of the third party based on the principal’s manifestations. It extends to actions that are _________ ____ ______ in the type of agency relationship involved, as well as actions that are reasonably necessary to carry out the principal’s objectives.
customary or usual
The scope of apparent authority is determined by the reasonable expectations of the third party based on the principal’s manifestations. It extends to actions that are customary or usual in the type of ______ __________ involved, as well as actions that are reasonably necessary to carry out the principal’s objectives.
agency relationship
The scope of apparent authority is determined by the reasonable expectations of the third party based on the principal’s manifestations. It extends to actions that are customary or usual in the type of agency relationship involved, as well as ______ that are _______ ________ to carry out the principal’s objectives.
actons
reasonably necessary
The scope of apparent authority is determined by the reasonable expectations of the third party based on the principal’s manifestations. It extends to actions that are customary or usual in the type of agency relationship involved, as well as actions that are _______ ____ to _____ ________ the _______ __________.
reasonably necessary to carry out the principal’s objectives
_________ _________ does not extend to actions that the third party knows or should know are beyond the agent’s actual authority. Additionally, the principal can limit or revoke apparent authority by giving notice to the third party or by taking affirmative steps to clarify the agent’s authority.
Apparent authority
Apparent authority does not extend to actions that the _______ _____ ______ or _____ ______ are beyond the agent’s actual authority. Additionally, the principal can limit or revoke apparent authority by giving notice to the third party or by taking affirmative steps to clarify the agent’s authority.
third party knows or should know
Apparent authority does not extend to actions that the third party knows or should know are beyond the ______ ______ ______. Additionally, the principal can limit or revoke apparent authority by giving notice to the third party or by taking affirmative steps to clarify the agent’s authority.
agent’s actual authority
Apparent authority does not extend to actions that the third party knows or should know are beyond the agent’s actual authority. Additionally, the _______ can limit or revoke apparent authority by giving notice to the third party or by taking affirmative steps to clarify the agent’s authority.
principal
Apparent authority does not extend to actions that the third party knows or should know are beyond the agent’s actual authority. Additionally, the principal can ______ or _______ ______ ______ by giving notice to the third party or by taking affirmative steps to clarify the agent’s authority.
limit or revoke apparent authority
Apparent authority does not extend to actions that the third party knows or should know are beyond the agent’s actual authority. Additionally, the principal can limit or revoke apparent authority by giving ______ to the _____ ______ or by taking affirmative steps to clarify the agent’s authority.
notice
third party
Apparent authority does not extend to actions that the third party knows or should know are beyond the agent’s actual authority. Additionally, the principal can limit or revoke apparent authority by giving notice to the third party or by taking ________ ______ to ________ the ______ _______.
affirmative steps to clarify the agent’s authority
Elements of Apparent Agency
1. The _______ held itself out to the ______ as providing certain services.
principal
public
Elements of Apparent Agency
1. The principal held itself out to the public as providing _____ _______.
certain services
Elements of Apparent Agency
1. The principal held itself out to the public as providing certain services.
2. The ______ looked to the _______ rather than to the ______ _____ to perform those services.
plaintiff
principal
individual actor
Elements of Apparent Agency
1. The principal held itself out to the public as providing certain services.
2. The plaintiff looked to the principal rather than to the individual actor to perform those services.
3. The ______ ______ those services in the reasonable belief that the services were provided by the principal or an employee of the principal.
plaintiff accepted
Elements of Apparent Agency
1. The principal held itself out to the public as providing certain services.
2. The plaintiff looked to the principal rather than to the individual actor to perform those services.
3. The plaintiff accepted those services in the _______ ________ that the services were provided by the principal or an employee of the principal.
reasonable belief
Elements of Apparent Agency
1. The principal held itself out to the public as providing certain services.
2. The plaintiff looked to the principal rather than to the individual actor to perform those services.
3. The plaintiff accepted those services in the reasonable belief that the services were provided by the _______ or an ______ of the _______.
principal or an employee of the principal
Elements of Apparent Agency:
1. ?
2.
3.
- The principal held itself out to the public as providing certain services.
Elements of Apparent Agency:
1.
2. ?
3.
- The plaintiff looked to the principal rather than to the individual actor to perform those services.
Elements of Apparent Agency:
1.
2.
3. ?
- The plaintiff accepted those services in the reasonable belief that the services were provided by the principal or an employee of the principal.
+ Case Boren (Elements of Apparent Authority/ Agency)
A hospital generally will be able to avoid liability by providing meaningful written notice to the patient, acknowledged at the time of admission.
Under some circumstances, such as in the case of a medical emergency, written notice may not suffice if the patient had an inadequate opportunity to make an informed choice.
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The _______ and ________ of authority must be shown to have been created by the manifestations of the alleged principal. The law cannot permit apparent authority to be established by the mere proof that a mountebank in fact exercised it.
apparently and appearance
_________ ________ is a legal fiction by which a court can hold a party legally responsible for the negligence of another, not because the party did anything wrong but rather because of the party’s relationship to the wrongdoer.
vicarious liability
Vicarious Liability is a ______ ______ by which a court can hold a party legally responsible for the negligence of another, not because the party did anything wrong but rather because of the party’s relationship to the wrongdoer.
legal fiction
Vicarious Liability is a legal fiction ____ ___ ___ court can hold a party legally responsible for the negligence of another, not because the party did anything wrong but rather because of the party’s relationship to the wrongdoer.
by which a
Vicarious Liability is a legal fiction by which a ____ ____ _____ a party legally responsible for the negligence of another, not because the party did anything wrong but rather because of the party’s relationship to the wrongdoer.
court can hold
Vicarious Liability is a legal fiction by which a court can hold ___ ____ _____ ______ for the negligence of another, not because the party did anything wrong but rather because of the party’s relationship to the wrongdoer.
a party legally responsible
Vicarious Liability is a legal fiction by which a court can hold a party legally responsible ___ _____ ______ ___ ______, not because the party did anything wrong but rather because of the party’s relationship to the wrongdoer.
for the negligence of another
Vicarious Liability is a legal fiction by which a court can hold a party legally responsible for the negligence of another, _____ ____ ____ _____ ___ _____ ______ but rather because of the party’s relationship to the wrongdoer.
not because the party did anything wrong
Vicarious Liability is a legal fiction by which a court can hold a party legally responsible for the negligence of another, not because the party did anything wrong but rather because of _____ _____ _______ ____ ___ ________.
the party’s relationship to the wrongdoer.
A ________ is subject to ________ ________ to a ____ ______ harmed by an agent’s conduct when the agent is an employee who commits a tort while acting within the scope of the employment (known as the doctrine of Respondeat superior)
principal
vicarious liability
third party
A principal is subject to vicarious liability to a third party _____ ___ ___ ______ ______ when the agent is an employee who commits a tort while acting within the scope of the employment (known as the doctrine of Respondeat superior)
harmed by an agent’s conduct
A principal is subject to vicarious liability to a third party harmed by an agent’s conduct when the ______ ___ ___ ________ who commits a tort while acting within the scope of the employment (known as the doctrine of Respondeat superior)
agent is an employee
A principal is subject to vicarious liability to a third party harmed by an agent’s conduct when the agent is an employee who _____ ___ ______ while acting within the scope of the employment (known as the doctrine of Respondeat superior)
commits a tort
A principal is subject to vicarious liability to a third party harmed by an agent’s conduct when the agent is an employee who commits a tort while ______ ____ ___ ______ of the _________ (known as the doctrine of Respondeat superior)
acting within the scope employment
A principal is subject to vicarious liability to a third party harmed by an agent’s conduct when the agent is an employee who commits a tort while acting within the scope of the __________ (known as the doctrine of Respondeat superior).
employment
Most often the doctrine applies to acts that have not been specifically directed by an employer but that are the __________ of inattentiveness or poor judgement on the part of an employee acting within the job description. It is a question of fact for the jury.
consequence
Most often the doctrine applies to acts that have not been specifically directed by an employer but that are the consequence of ________ or ______ _______ on the part of an employee acting within the job description. It is a question of fact for the jury.
inattentiveness or poor judgement
The ________ is liable for harms that are reasonably foreseeable in the endeavor. It is foreseeable to think that an employee would, intentionally or negligently, cause damage to property. It is foreseeable that an employee may disregard instructions
employer
The employer is liable for harms that are __________ ________ in the endeavor. It is foreseeable to think that an employee would, intentionally or negligently, cause damage to property. It is foreseeable that an employee may disregard instructions
reasonably foreseeable
The employer is liable for harms that are reasonably foreseeable in the endeavor. It is _________ to think that an employee would, intentionally or negligently, cause damage to property. It is foreseeable that an employee may disregard instructions
foreseeable
The employer is liable for harms that are reasonably foreseeable in the endeavor. It is foreseeable to think that an employee would, ________ or _________, cause damage to property. It is foreseeable that an employee may disregard instructions
intentionally or negligently
The employer is liable for harms that are reasonably foreseeable in the endeavor. It is foreseeable to think that an employee would, intentionally or negligently, cause ______ ____ _______. It is foreseeable that an employee may disregard instructions
damage to property
The employer is liable for harms that are reasonably foreseeable in the endeavor. It is foreseeable to think that an employee would, intentionally or negligently, cause damage to property. It is foreseeable that an employee may ________ _________.
disregard instructions
+ Case Bushy (Respondeat Superior)
Coast Guard is liable for the damaged caused by the drunk seaman’s conduct in turning the values.
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+Norwood Rule (Foreseeability Rule)
Plaintiff wants to hold AMC Theaters liable for various torts committed by Manager Adams. Adams was acting within the scope of his employment because it is foreseeable that an employee may disregard instructions.
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Respondeat Superior Policy Considerations:
1. ?
2.
3.
Encourage employers to prevent harm by employees
Respondeat Superior Policy Considerations:
1.
2. ?
3.
More efficient allocation of resources
Respondeat Superior Policy Considerations:
1.
2.
3. ?
Loss spreading function
When the purpose of the conduct is both _______ ____ _______ and serving some personal interest, the conduct will generally be within the scope of employment.
benefiting the employer
When the purpose of the conduct is both benefiting the employer and ______ ____ _____ _______, the conduct will generally be within the scope of employment.
serving some personal interest
When the purpose of the conduct is both benefiting the employer and serving some personal interest, the conduct will generally be within the ______ ____ _____.
scope of employment
BUT if the ______ ________ of the conduct is ________, it will not be within the scope of employment, even though there may be some business or transaction merely incidental or adjunctive to the work, it is not within the scope of employment.
primary motivation
personal
BUT if the primary motivation of the conduct is personal, it will not be within the scope of employment, even though there may be ____ _______ ____ _______ merely incidental or adjunctive to the work, it is not within the scope of employment.
some business or transaction
BUT if the primary motivation of the conduct is personal, it will not be within the scope of employment, even though there may be some business or transaction merely _______ ___ ________ to the work, it is not within the scope of employment.
incidental or adjunctive
Consider: If this employee didn’t do it, would the employer have to send someone else?
What does this refer to?
Dual Purpose
Employee ______ from ______ ____ ___ _______ to perform a task for wholly personal reasons, and then returns to carrying out their duties.
deviates
carrying out their duties
Employee deviates from carrying out their duties to ______ ___ _____ for wholly personal reasons, and then returns to carrying out their duties.
perform a task
Employee deviates from carrying out their duties to perform a task for wholly ______ ________, and then returns to carrying out their duties.
personal reasons
what does this refer to?
Employee deviates from carrying out their duties to perform a task for wholly personal reasons, and then returns to carrying out their duties.
Detour rule
If the detour is such a “________ ________” that it constitutes abandonment of their employment duties, the employee is not acting within the scope of employment.
“substantial diversion”
If the detour is such a “substantial diversion” that it constitutes _________ of their ________ _______, the employee is not acting within the scope of employment.
abandonment of their employment duties
If the detour is such a “substantial diversion” that it constitutes abandonment of their employment duties, the employee is _______________________.
not acting within the scope of employment
A “________ _______” is not outside the scope of employment.
slight deviation
A “slight deviation” is not ____________________.
outside the scope of employment
More likely to be a “substantial diversion” if the conduct is in _____ ________ with the employer’s directions and policy.
direct conflict
______ rule is a question of fact.
detour
+ Clover Rule (Dual Purpose/ Detour Rule)
It is entirely possible for a jury to reasonably believe that at the time of the accident, Zullinger had resumed his employment and that Zullinger’s deviation was not substantial enough to constitute a total abandonment of employment.”
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