Chap. 30 Flashcards
What is a respondeat superior?
A rule that says an employer is liable for the tortious conduct of its employees or agents while they are acting within the scope of the employer’s authority.
What is duty of loyalty?
A fiduciary duty owed by an agent not to act adversely to the interests of the principal.
What is vicarious liability?
Liability without fault. Vicarious liability occurs where a principal is liable for an agent’s tortious conduct because of the employment between the principal and agent, not because the principal was personally at fault.
What is frolic and detour?
A situation in which an agent does during his or her employment to further his or her own interests rather than the principal’s.
What is coming and going rule (Going and coming rule)?
A rule that says a principal is generally not liable for injuries caused by its agents and employees while they are on their way to or from work.
What is dual-purpose mission?
A situation that occurs when a principal requests an employee or agent to run an errand or do another act for the principal while the agent is on his or her own personal business.
What is the motivation test?
A test that determines whether an agent’s motivation in committing an intentional tort is to promote the principal’s business; if so, the principal is liable for any injury caused by the tort.
What is the work-related test?
A test that determines whether an agent committed an intentional tort within a work-related time or space; if so, the principal is liable for any injury caused by the agent’s intentional tort.
What is the intentional misrepresentation (fraud or deceit)?
A deceit in which an agent makes an untrue statement that he or she knows is not true.
What is fully disclosed agency?
An agency in which a contracting third party knows that the agent is acting for a principal and the identity of the principal.
What is partially disclosed agency?
An agency in which a contracting third party knows that the agent is acting for a principal but does not know the identity of the principal.
What is an undisclosed agency?
An agency in which a contracting third party does not know of either the existence of the agency or the principal’s identity.
What is implied warranty of authority?
A warranty of an agent who enters into a contract on behalf of another party that he or she has the authority to do so.
What is the ratification of a contract?
A situation in which a principal accepts an agent’s unauthorized contract.
What is an independent contractor?
“A person who contracts with another to do something for him who is not controlled by the other nor subject to the other’s right to control with respect to his physical conduct in the performance of the undertaking”
