Ch 36

Question 1

An agent is always liable for his own torts

Answer 1

False. There are exceptions to the general rule

Question 2

The doctrine of respondeat superior means that the principal is liable for _____ committed by employees acting within the course and scope of employment

Answer 2

Torts

Question 3

If an agent contracts for a legally existing and competent principal but lacks authority to enter contracts, the principal is not bound

Answer 3

True. Thus, agent is bound on the theory of an implied warranty of authority to contract

Question 4

A principal is never liable for an independent contractors torts

Answer 4

False. A principal may be liable for an independent contractors torts in certain circumstances

Question 5

Apparent authority arises if communications by principal to third-party creates reasonable appearance of authority to the agent

Answer 5

True

Question 6

Of a principal fails to inform the agent about a defect in the product, the principal will be directly liable for an agents torts

Answer 6

True

Question 7

Carl I want a pizza business and employed zip to deliver pizzas. Carl knew that zip occasionally drink beer while driving, but didn’t fire zip. Zip injured dan while delivering pizzas and driving drunk. Is carl liable to dan for zips conduct?

Answer 7

Yes since carl knew about zips drinking and negligently retained zip

Question 8

Carl’s pizza hired miller to be general manager. Miller hired Sam for pizza prep work. In general, would Carl’s pizza be obligated to honor he contract with dan?

Answer 8

Yes; miller acted with implied authority since he is general manage and Carl’s pizza must honor Sams employment contract