Liability of Principal for Tort of Agent - Respondent Superior or Vicarious Liability Flashcards
Principal- Agent Relationship Requires
Requirement
1) assent
2) Benefit
3) Control
Authority
Actual Implied Authority
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
Agency
Respondiat Superior
Provides that a principal is liable in tort for act of an agent performed within scope of his employment
Independant Contractor
Exception
1) Hazardous or inherently dangerous conduct
2) Estoppel
Agency
Intentional Tort Exception
1) Authorized by Principal
2) Natural fro the nature of employment
3) Motivated by desire to serve the principal
= within Scope
1) Principal-Agent Relationship
Respondiat Superior
1) Principal Agent Requirement
2) Independant Contractor
Agency
Liability of Principal for Contract entered in by Agent
Principal is liable for contract entered into by its agent only if the principal authorized the agent to enter the contract.