Agency: Tort Liability

Question 1

Agency:

Tort Liability

Answer 1

Agents are liable for torts they commit.
Principal’s Liability Through Conduct
- Liable for things they told them to do
- Liable if hire an unqualified agent
- Liable for bad supervision
- Liable if negligent in hiring
Principal’s Liability for Negligent Torts of the Agent
- vicarious liability
- existence of master servant relationship
- does principal have right to control?
- does agent work regular hours
- does principal provide tools
- does agent get paid by hour/week or job
- is principal the agent’s main source of income?
- scope of employment: commits the tort while doing something for the principal
- was this what agent hired to do?
- Did it occur during normal time and space limits?
- was it done to serve the principal
Deviations from scope will not alter principals liability if:
- minor
- frolic and detour
Strict Liability for Hazardous Activity
- principal is liable