Tort Liability

Question 1

When is the principal liable for the torts of their agent?

Answer 1

(1) Principal-agent relationship

AND

(2) The agent commits a tort whilst acting in the scope of that relationship

Question 2

In order to prove the principal-agent relationship you need to show what 3 things?

Answer 2

Assent

Benefit

Control

Question 3

For the principal to be liable for a sub-agent’s tort, between which of the three parties does there need to be Assent, Benefit and Control?

Answer 3

Between the principal and the sub-agent which commits the tort.

Question 4

Can an agent of the principal be held liable for the tort of the sub-agent?

Answer 4

Yes

Question 5

When you consider “assent” between an agent and principal, what are you looking for in the fact pattern?

Answer 5

A voluntary agreement between the agent and principal

Question 6

Who must the obtain the benefit for their to be a principal-agent relationship?

Answer 6

The principal

Question 7

For the purpose of the principal-agent relationship, what is required for “control?”

Answer 7

The principal must have the right to control the agent, meaning the power to supervise the agent’s performance.

Question 8

What is the general rule regarding a principal’s liability for the torts of an independent contract?

Answer 8

The principal is not liable because there is no right to control.

Question 9

What are the 3 exceptions to the rule that a principal won’t be liable for the torts of an independent contractor?

Answer 9

(1) Contractor engaged in INHERENTLY DANGEROUS ACTIVITIES
(2) Estoppel — independent contractor has the appearance/holds themselves out as principal’s agent.
(3) Public Policy grounds

Question 10

When considering the second limb of the test (acts in scope of principal-agent relationship), what 4 things will tell you that the agent’s actions were in scope?

Answer 10

(1) Conduct of a kind in the JOB DESCRIPTION
(2) FROLIC vs. DETOUR — Did the conduct occur on the job?
(3) Did the agent intend to BENEFIT PRINCIPAL
(4) was the agent’s conduct SUBSTANTIALLY REMOVED in time and space limits from the approved conduct

Question 11

What is the different between a frolic vs. a detour?

Answer 11

Frolic = New, independent journey (outside the scope)

Detour = Mere departure from assigned task (in scope)

Question 12

Can the principal be liable when an agent commits an intentional tort?

Answer 12

Generally not

Question 13

What are the exceptions to the rule that a principal is not liable when the agent commits intentional torts?

Answer 13

(1) Conduct AUTHORISED by principal
(2) If the intentional conduct was natural because of the nature of the agent’s employment
(3) The conduct was MOTIVATED by a desire to serve the principal.