Liability of Principal for Tort of Agent - Respondent Superior or Vicarious Liability Flashcards

1
Q

Principal- Agent Relationship Requires

Requirement

A

1) assent
2) Benefit
3) Control

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2
Q

Authority

Actual Implied Authority

A

Its authority that the agent reasonable believe as a result of action of the principal.

  • Authority which the principal gives the agent through conduct or circumstance:
    1) Necessary
    2) Customary
    3) Prior acquience by the principal
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3
Q

Agency

Respondiat Superior

A

Provides that a principal is liable in tort for act of an agent performed within scope of his employment

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4
Q

Independant Contractor

Exception

A

1) Hazardous or inherently dangerous conduct

2) Estoppel

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5
Q

Agency

Intentional Tort Exception

A

1) Authorized by Principal
2) Natural fro the nature of employment
3) Motivated by desire to serve the principal

= within Scope

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6
Q

1) Principal-Agent Relationship

Respondiat Superior

A

1) Principal Agent Requirement

2) Independant Contractor

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7
Q

Agency

Liability of Principal for Contract entered in by Agent

A

Principal is liable for contract entered into by its agent only if the principal authorized the agent to enter the contract.

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