principal's tort liability Flashcards
what is a principal’s liability in tort focused on
control; respondeat supurior
when is a P liable for an agents tort
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
is p tort responsibility strict liability or negligence
strict liability
how do we know if an agent is also an employee
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
if an agent is an employee, when can p can be held liable for their tort?
a Principal is VL for its agent employee tort if it is committed w/in the scope of the employee’s employment,
when is an employee acting w/in the scope of employment?
- its the conduct of the kind he is employed to do
- it occurs substaintially witin authorized time and space limits
- the action is motivated, at least in part, by purpose to serve the P
how was the solberg case one where the employee was acting w/in scope of employment (the boat accident case)