Agent and Principal's Tort Liability to Third Parties

Question 1

Agent’s tort liability to third parties

Answer 1

Agent is liable to third parties for harm caused by NEGLIGENCE or INTENTIONALLY TORTIOUS CONDUCT (whether acting within scope of agency relationship)

Question 2

What is a Principal’s liability to Third Parties for negligence?

Answer 2

Principal is liable for harm caused by his negligence in selecting, training, retaining, supervising, or otherwise controlling Agent.

Question 3

Respondeat Superior

Answer 3

Generally, Principal is vicariously liable where Principal controls Agent and Agent’s actions are within the scope of the agency relationship.

Question 4

Principal’s Vicarious Liability - Employer-Employee relationship

Answer 4

Principal is liable for employee’s NEGLIGENT acts that occur WITHIN THE SCOPE OF EMPLOYMENT

Principal is NOT liable for Employees INTENTIONAL TORTS unless the tort is accomplished:
+ in the course of doing work for Employer, AND
+ for the purpose of accomplishing work for Employer

Question 5

Principal’s Vicarious Liability - Employer-independent contract relationship

Answer 5

Generally, Employer isn’t liable for torts committed by independent contractor.