Chapter 33 Flashcards
What is the express authority of an agent?
Authority declared in clear, direct, and definite terms. Orally or in writing.
What is the power of attorney?
Express authority via a written document, usually notarized. Ends on death or incompetence.
Special authority is ________ acts, general is all _______.
Specified, business.
What is implied authority of an agent?
Reasonably necessary accomplish agency’s objectives. By custom or position, cannot contradict express authority.
What is apparent authority of an agent?
Principal causes third party to reasonably believe agency, Through a principals conduct over time.
What happens if an agent does an unauthorized act?
If agent acts beyond scope, agent may be liable to 3rd party, 3rd party can rescind, principal can ratify.
An agent may be liable to third party for their own _____.
Torts
What is the doctrine of respondeat superior (Liability for agent negligence)?
Employer liable for an agent, employees negligent torts committed within agents course and scope of employment.
What are scope of employment factors (liability of agents negligence)?
Act authorized by employer, time place and purpose of act, act commonly performed by employees, employers interest was advanced by the act.
What are some obscure scope of employment factors?
Employee private interests, employer furnished the means of injury, employer on notice.
What is a detour (liability of agents negligence)?
Slight deviance means principal is liable.
What is a frolic (liability of agents negligence)?
Substantial deviance means principal is not liable.
What is employee travel (liability of agents negligence)?
To or from work or meals means outside scope of employment.
How is a principal liable for an agent’s negligence?
Notice of dangerous conditions, duty of notification of danger, duty of safe working environment.
Who is liable for an agent’s intentional torts?
Principle not liable. Exceptions– committed within scope of employment, propensity to commit (negligent hiring), permission.
