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Third-Party Relations of the Principle and the Agent (Tort Liability of…
Third-Party Relations of the Principle and the Agent
Contract Liability of the Principle
Tort Liability of the Principal
Vicarious Liability: the agent is at fault
respondeat superior
: employer is responsible for torts committed by agents
who are employees
whether an agent is an employee? Principal's right to control the manner and means of an agent's performance of work
who commit the tort while
acting within the scope of employment
Time: It occurred substantially within the authorized time period
Location: It occurred substantially within the location authorized by the employer
Type of work: It was the kind that the employee was employed to perform
Purpose: It was motivated at least in part by the purpose of serving the employer
Respondeat superior makes the principles liable both for an employee's negligence and intentional torts.
Direct Liability: the principal be at fault
Principle directs the agent's conduct and intends that it occur
harm caused by the principal's negligence regarding the agent
failing to make and enforce appropriate regulations to govern the agent's conduct
hiring an unsuitable agent; failing to discharge an unsuitable agent
giving the agent improper or unclear instruction;
carelessly supervising the agents
furnishing an agent with improper tools, instruments or materials
Liability for Torts of Independent contractors
generally not reliable for torts committed by independent contractors
Contract Liability of the Agent
Tort Liability of the Agent