Liability of Principal to Third Parties for Torts of an Agent

Question 1

Principal will be vicariously liable for torts committed by agent if

Answer 1

1- there is a Principal/Agent Relationship &

2- tort was committed within scope

Question 2

The principal-agent relationship requires

Answer 2

1- Assent
2- Benefit &
3- Control

Question 3

Assent

Answer 3

an informal agreement between principal, who has capacity, and agent

Question 4

Benefit

Answer 4

Agent’s conduct must be for principal’s benefit

Question 5

Control

Answer 5

Principal must have the right to control the agent by having the power to supervise the manner of agent’s performance

Question 6

Independent Contractors

Answer 6

No vicarious liability

Exceptions:
Inherently Dangerous Activities (non-delegable activities), &
estoppel.

Question 7

Scope of Principal-Agent Factors

Answer 7

Was conduct “of a kind” agent was hired to perform?

“Frolic” v. “Detour”?

Did the agent intend to benefit the principal?

Question 8

Intentional Torts

Answer 8

Outside scope

Except if the conduct was:

• authorized by the principal
• natural from nature of employment
• motivated by a desire to serve principal