RI Agency Distinctions

Question 1

RI: When does an agency relationship require a writing?

Answer 1

(1) impossible to perform in one year

(2) agreements to pay real estate commission

Question 2

RI: Elements of express agency?

Answer 2

(1) principal manifests that the agent should act for him
(2) agent accepts the undertaking
(3) the parties agree that the principal will be in control of the undertaking

Question 3

RI: Special rule for apparent authority

Answer 3

Apparent authority can come form indicia of authority by the principal to the agent and need not be directly communicated to the third party.

Question 4

RI: respondeat superior rule for medical malpractice

Answer 4

A hospital is liable for medical practitioners who are independent contractors if (i) the practitioner acted in a manner that would lead a reasonable person to conclude she was an employee or agent, (ii) the patient actually believed the practitioner was an employee or agent, and (iii) thereby relied to his detriment upon the care and skill of the practitioner.

Question 5

RI: When are employers liable for punitive damages of their employees and agents?

Answer 5

only if the employer participated in, authorized, or ratified the tortious conduct