Chapter 5

Question 1

What are some differences between agents and independent contractors

Answer 1

• Independent contractors are held soley responsible for their actions. Liability for work performance lies with independent contractor
• Agent is not necessarily liable for contracts

Question 2

Give an example of when a principle might ratify an agent’s actions (generally, and in estoppel)

Answer 2

Any time the principal authorizes the agent’s actions after the fact, that means that it’s been ratified

Question 3

What are the ways in which an agency can be created?

Answer 3

• By law or contract
• By ratification
• By estoppel

Question 4

When might a general contractor lose independent contractor status?

Answer 4

When supervisory roles shift. ie. if the GC assumes a supervisory role with subcontrator’s employees