Past Agency MEEs

Question 1

Generally, if the agent lacks the power to bind the principal to a contract and then binds them, what does this do?

Answer 1

It breaches the implied warranty between agent and principal

Question 2

In what two ways can a employer be liable?

Answer 2

1) Respondent Superior: scope of employment
2) when an agent acts with apparent authoirty and commits a tort and their appearance of authority allowed them to do so. (3rd party must believe they are acting on Principals behalf and that belief must be reasonable and traceable)

Question 3

A principal is directly liable to a 3rd person harmed by an agent’s conduct whent he principal is negligent in

Answer 3

selecting, supervising, or controlling the agent

Must act with reasonable care ^

Question 4

What are the four elements of ratification?

Answer 4

1) P must ratify entire act, contract, or transaction
2) P and 3rd party must have legal capacity
3) P’s ratification must be timely
4) P must have knowledge of material facts involved

Question 5

Define

Proximate Cause

for tort liability

Answer 5

requires that the plaintiff suffer a foreseeable harm that is not too remote and is within the risk created by defendant’s conduct

Question 6

Define

Intervening Cause

Answer 6

factual cause of the plaintiffs harm that contributes to her harm after the defendant’s tortious act is completed

Question 7

Define

Superseding Cause

Answer 7

any intervening cause that breaks the chain of proximate causation between the defendant’s tortious act and the plaintiff’s harm

prevents the original Defendant from being liable to the plaintiff

Question 8

T/F: Most courts hold that an unforeseeable intervening cause is a superseding cause that therefore breaks the chain of causation between the defendant and the plaintiff

Answer 8

True