principal's tort liability Flashcards

1
Q

what is a principal’s liability in tort focused on

A

control; respondeat supurior

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2
Q

when is a P liable for an agents tort

A

where the principal authorizes the agent to engage in conduct that is tortious, even if the P didnt intend for the conduct to be tortious

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3
Q

is p tort responsibility strict liability or negligence

A

strict liability

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4
Q

how do we know if an agent is also an employee

A

control; the more control the p MAY excersise over the agent, the more likley the agent is an employe; doesnt have to actually excersise that control

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5
Q

if an agent is an employee, when can p can be held liable for their tort?

A

a Principal is VL for its agent employee tort if it is committed w/in the scope of the employee’s employment,

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6
Q

when is an employee acting w/in the scope of employment?

A
  1. its the conduct of the kind he is employed to do
  2. it occurs substaintially witin authorized time and space limits
  3. the action is motivated, at least in part, by purpose to serve the P
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7
Q

how was the solberg case one where the employee was acting w/in scope of employment (the boat accident case)

A
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