Tort

Question 1

What’s the issue?

Answer 1

whether the principal will be vicariously liable for torts committed by its agent

Question 2

Principal will be vicariously liable for torts committed by its agent if (2 part test)

Answer 2

1) there’s a principal-agent RELATIONSHIP

2) the tort was committed by the agent within the SCOPE of that relationship

Question 3

Principal-agent relationship requires (3 things- ABC)

Answer 3

Assent
Benefit
Control

Question 4

Principal-agent relationship: What’s assent?

Answer 4

informal agreement b/w principal (who has capacity) and agent

Question 5

Principal-agent relationship: What’s benefit?

Answer 5

agent’s conduct must be for principal’s benefit

Question 6

Principal-agent relationship: What’s control?

Answer 6

principal must have RIGHT to control the agent

by having the POWER to supervise the manner of agent’s performance

Question 7

Diff b/w agents and independent contractors

Answer 7

no right to CONTROL IC b/c no power to supervise manner of performance

Question 8

Rule and exceptions for vicarious liability of ICs

Answer 8

no vicarious liability

exceptions:

inherently dangerous activities (non-delegable duties)

estoppel- if hold out IC w/ appearance of agency, estopped from denying liability on that ground

Question 9

Scope of principal-agent relationship factors (3)

Answer 9

1) conduct “of the kind” agent hired to perform
2) did tort occur “on the job”- frolic vs. detour
3) did agent INTEND to benefit principal

Question 10

Scope of principal-agent relationship factors: was the conduct “of the kind” agent was hired to perform?

Answer 10

if conduct w/i job description, likely w/i scope

Question 11

Scope of principal-agent relationship factors: did the tort occur “on the job”? (frolic vs. detour)

Answer 11

frolic: new and independent journey (not on the job, outside scope)
detour: mere departure from assigned task (on the job, w/i scope)

Question 12

Scope of principal-agent relationship factors: did the agent intend to benefit the principal

Answer 12

even if in part, enough to be inside scope

Question 13

Scope: Rule for intentional torts

Answer 13

intentional torts are generally outside the scope of the principal-agent relationship

Question 14

Scope: exceptions for rule on intentional torts: intentional torts are within the scope if the conduct was: (3)

Answer 14

1) AUTHORIZED by the principal
2) NATURAL from the nature of employment
3) motivated by DESIRE to serve principal