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Flashcards in Agency Deck (52)
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1

what are the 3 types of agency problems?

1) liability of P to 3rd party for TORTS of an agent
2) liability of P to 3rd party for K's entered into by agent
3) Duties which agents owe to P

2

when is a P liable for torts committed by its agent (2 )

1) there was a principal- agent relationship AND
2) the tort was committed by the agent w/i the SCOPE of that relationship

3

what does the principal relationship require? (3 things)

1) assent
2) benefit
3) control

4

what is assent for principal relationship

an informal agreement b/w P (who has capacity) and A

5

what is benefit for P-A

agents conduct must be for P's Benefit

6

what is control for P-A

Principal must have
1) RIGHT to control agent by having the
2) POWER to SUPERVISE the manner of the agents performance

7

when will the P be vicariously liable if its agent gets the help of a "sub-agent" and the sub-agent commits tort?

P will be liable for sub-agent only if there is
1) assent
2) benefit and
3) control b/w the P and the sub-agent

8

typically does P assent to the sub-agent or have control of a sub-agent>

NO. therefore w/o assent, benefit and control, not vicariously liable

9

when will a P be vicariously liable for a borrowed agent?

the P will be liable for the borrowed agents tort only if there is
1) assent
2) benefit and
3) control b/w the borrowing P and borrowed agent

10

typically does the P have control over a borrowed agent?

No. typically the borrowing principal does not assume any right to control the borrowed agent, therefore cannot be held vicariously liable

11

what is the difference b/w an agent and an independent contractor?

there is no right to control an independent contractor because there is no
1) power to supervise the manner of its performance

12

what is the general rule for vicarious liability for independent contractors torts>

generally there is NO vicarious liability for an independent contractors torts

13

what are the X/C for when a P IS liable for the independent contractors torts

1) inherently dangerous activity
2) Estoppel

14

what is the inherently dangerous activity x/c for independent contractors torts?

if independent K commits torts while doing inherently dangerous activity, P will be vicariously liable

15

what is the estoppel x/c for when a P is vicariously liable for independent K

if P "holds out" independent K of appearance of agency, you will be estopped from denying vicarious liability

16

what are the 3 questions dealing with scope for P vicariously liable for agents torts

1) was conduct "of the kind" agent was hired to perform?
2) did the tort occur "on the job" (frolic v. detour)
3) did the agent INTEND to benefit the P?

17

what is the "was the conduct of the kind" agent was hired to perform for scope of agency for torts?

was conduct w/i the job description, if so likely w/i scope of P-A relationship

18

what is the difference b/w frolic and detour?

frolic: is a new and independent journey and therefore agent is outside scope
detour: is MERE departure from assigned task, and therefore is still w/i scope

19

what words to look for with detour?

"on the way back"

20

what is the part for scope that "did the agent intend to benefit the principal"

if agent even in part intended to benefit the P by its conduct, that is even to be w/i scope

21

what is the general rule for intentional torts and vicarious liability?

GR: Intentional torts are generally outside the scope of employment

22

what are the x/c for when a P is vicariously liable for agents intentional torts?

1) AUTHORIZED by the P or
2) NATURAL from the nature of employment (security guard, bouncer)
3) MOTIVATED by a desire to serve the P

23

when is a P liable for contracts entered by its agent to 3rd party? (authority)

P is liable for K's entered into by A only if the P AUTHORIZED the agency to enter into K

24

what are the 4 types of authority that A enters into a K

1) actual expressed authority
2) actual implied authority
3) apparent authority
4) ratification

25

what is actual express authority?

P used words to express authority to A

26

can actual express words be oral and even in privacy?

YES

27

what is the X/C that actual express authority must be in writing?

SOF

28

how will actual express authority be revoked (2 ways)

unilateral act of either P or the agent
2) DEATH or incapacity of P

29

what is the x/c that death or incapacity terminates actual express authority

durable power of attorney
if P gives A durable power of attorney (written expression of authority to enter into transaction)

30

what to look for with durable power of attorney

"survives death"