Lesson 17-Tort Liability of Agents and Principals

Question 1

Are Agent’s responsible for the Torts they commit?

Answer 1

We are always liable for our own torts, regardless of whom we were working for at the time.

Question 2

What are 4 reasons for Principal’s Tort Liability through Conduct?

Answer 2

1. A principal is liable for his or her agent’s torts if the agent was doing as the principal instructed or ordered.
2. A principal is liable if the principal hires an agent who is not qualified to perform the job assigned
3. A principal is liable for the torts of the agents if the principal failed to supervise properly
4. A principal is liable for the torts of the agent if the principal was negligent in hiring the agent (failure to screen agent applicants properly ) and/or negligent in retention

Question 3

Even if the principal has not done anything wrong personally, he may be held vicariously liable. What are the Requirements for Vicarious Liability?

Answer 3

1. Existence of a master-servant relationship-A master-servant relationship is determined by the ability of the principal to control the activity of the agent.
2. Scope of Employment—“Scope of employment” means that the agent commits the tort while the agent is doing something for the principal.

Question 4

If an agent trying to do her job in order to benefit her boss and doing so in a illegal manner in disregard of instructions and training is the principal liable for their actions.

Answer 4

Yes, If the action benefits the boss they are liable.

Question 5

Is the principal liable for torts against an agent who is an independent contractor?

Answer 5

No, there has to be a Master-servant relationship