VA Agency Essays Rule Statements

Question 1

a bailor is/is not liable for the negligence of a bailee

Answer 1

is not

Question 2

in determining whether an employee’s action were in the scope of employment the court will ask

Answer 2

whether the employee was about the employer’s business

Question 3

to hold an employer liable for its employees acts under respondent superior, an injured party is required to establish

Answer 3

1) the relationship of employer-employee existed at the time,
2) and with respect to the specific action out of which the injury arose

Question 4

if an agent exceeds her authority

Answer 4

the principal is not bound by the agent’s act

Question 5

a third party dealing with a disclosed agent

Answer 5

has a duty to ascertain the extent of the agent’s authority,

Question 6

a principal will be bound by the act of an agent if

Answer 6

the agent had actual or apparent authority to act on the principal’s behalf

Question 7

actual authroity

Answer 7

an agent reasonably believes she has baded on her dealings with the principal

Question 8

apparent authority

Answer 8

authority that a third party reasonably believes an agent has based on the principal holding out the agent as having such authority

in position that carries with it customary responsibilities

Question 9

an agent has a fiduciary duty to notify the principal of

Answer 9

all matters that come to the agent’s knowledge affecting the subject of the agency

Question 10

when an agent breaches his fiduciary duty, the principal may

Answer 10

in addition to any other remedies she has, withhold compesnation

Question 11

when an agent breaches his fiduciary duty, he is liable to the principal for

Answer 11

damages suffered by the principal as a result of the breach, including attorney’s fees if she had to litigate because of him, but not attorneys fees for suing the breaching agent

Question 12

test for determining whether employee has abandoned duties

Answer 12

frolic is major deviation that means abandoned, detour is minor and probably doesn’t

Question 13

when an employee retains another to assist him in doing his job, the third party does not become an employee of the employer for vicarious liability purposes unless

Answer 13

the employee was authorized to retain the subservant, authority can be implied if job could not be handled without assistance, or express

Question 14

to ratify a contract, a principal must

Answer 14

know or have reason to know all the material facts regarding the contract and then accept the benefits of the contract, have capacity, can be express or implied (accepting when possible to decline, silence if duty to disaffirm, and suing on the transaction)

Question 15

if prior to the ratification, the third party indicates that he will not be bound by the contract

Answer 15

the principal may not ratify

Question 16

the authority of corporate officers to act on behalf of their corporation is governed by

Answer 16

ordinary principles of agency law

Question 17

when the principal is undisclosed, and the agent had authority to axt

Answer 17

both the principal and agent are liable to the third party

Question 18

when an agent breaches duty to principal and profits,

Answer 18

principal may recover actual profits