Existence of an Agency Relationship

Question 1

Agency (Definition)

Answer 1

Agency is defined as the relationship that arises when one person manifests an intention that another person act on the principal’s behalf.

Question 2

Agency Requirements

Answer 2

(1) Capacity
(2) Consent
(3) Control
(4) The agent must not be otherwise disqualified to act as an agent

Question 3

The Right to Control

Answer 3

The greater the principal’s right to control, the more likely the person is an employee rather than an independent contractor.

Question 4

Principal/Independent Contractor Vicarious Liability

Answer 4

A principal is liable for the torts of an independent contractor where:

(1) the contractor is engaged in inherently dangerous activities; or
(2) the duty is nondelegable

Question 5

Liability for Intentional Torts

Answer 5

There is no automatic liability for intentional torts. Authority will need to be discussed.