1. Agency - Vicarious Liability in Tort Flashcards Preview

MEE - Agency & Partnership > 1. Agency - Vicarious Liability in Tort > Flashcards

Flashcards in 1. Agency - Vicarious Liability in Tort Deck (13):
1

The Rule

What are the two requirements for a principal to be held liable for the torts of an agent?

1, Actual principal/agent relationship

2. Tort committed within scope of that relationship

2

Requirements for a P/A relationship

What three things are required?

1. Assent

2. Benefit

3. Control

3

Requirements for a P/A relationship

What is assent?

Agreement between P with capacity and A

4

Requirements for a P/A relationship

What is benefit?

 

A's conduct must be for P's benefit

5

Requirements for a P/A relationship

What sort of control must P have?

Power to supervise manner of performance

6

Sub-agents and borrowed agents

What is required for sub-agent or borrowed agent to be valid?

An ABC nexus between P and the sub-agent or borrowed agent

7

Independent Contractors

Why does an independent contractor usually fail the ABC test?

There is generally no power to control an independant contractor

8

Independent Contractors

In what two instances will P be liable for the torts of an independent contractor?

1. Inherently dangerous activity

2. Estoppel, i.e. P held IC out to be an agent

9

Scope of liability

What is the one question we ask about A's conduct?

 

Was it of the kind he was hired to perform?

10

Scope of liability

What is a frolic and is it on the job?

New and independent journey; not on the job

11

Scope of liability

What is a detour and is it on the job?

What words in a Q will signify a detour?

Mere departure from an assigned task; on the job

"On the way back"

12

Scope of liability

When will A's conduct always be within the scope of his job?

If A intended, even in part, to benefit P

13

Intentional Torts

What are the three exceptions to intentional torts generally being outside the scope of liability?

1. Authorised by P

2. Natural due to nature of employment

3. Motivated by a desire to serve P