Liability of Principal for Tort of Agent:

Question 1

Rule

Answer 1

Principal will be liable for torts committed by agent if

(i) principal-agent relationship exists and
(ii) tort was committed by agent within the scope of the relationship.

Question 2

ABC

Answer 2

Assent - voluntary, informal agreement, principal must have capacity;

Benefit – agent’s conduct must be for principal’s benefit;

Control - principal has right to control agent by having supervisory power.

Question 3

Principal’s Control of Sub-Agents, Borrowed Agents, and Independent Contractors

Answer 3

Sub-agents: no vicarious liab unless ABC.

Borrowed Agent: No vicarious liab unless ABC.

Independent Contractor: No vicarious liab b/c no power to supervise performance, except great ultra- hazardous activity and estoppel – hold out ind contractor as agent.

Question 4

Scope

Answer 4

Was conduct of the kind agent was hired to perform?

Did tort occur on the job?

Did agent intend to benefit principal?

Question 5

Scope - Frolic v. Detour

Answer 5

Whether tort occurred on job.

Frolic: new and independent journey → outside scope.

Detour: mere departure from assigned task → within scope.

Question 6

Intentional Tort

Answer 6

Generally outside scope of vicarious liab, EXCEPT

i) specifically authorized by principal;
ii) natural from type of employment;
iii) motivated by desire to serve principal.