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Agency - Coggle Diagram

- - - - reimburse for reasonably incurred expenses
      - Contractual duties owed to agent
      - compensate - per the agency contract
      - Indemnify - for reasonably incurred legal liabilities
      - Corporate
        
        Principal must affirmatively aid when required to do so
        
        Principal may not interfere with the agent's performance
  - - - Actual:
        
        Manifestation of the principal to the agent that the agent acts for the benefit of the principal in a particular way and that the principal to be bound by the agent's action
        
        Express: principal directly requests agent to act
        
        Authority to accomplish the principal's express request
      - Apparent
        
        The agent is cloaked with authority
        
        3rd party reasonably believes the agent has authority to act on behalf of the principal and belief is based on the principal's representations made to the third party
  - - - undisclosed principal is an agent that is personally liable in the K
      - Fully disclosed principal is an agent that is not liable in contract
      - Partially disclosed principal: Agent is personally liable in contract
        
        When the third party learns of the identity of the principal, third party must go after either the principal or the agent but cannot go after both
    - - Agent is liable
- - - - Factors
        
        whether agent is paid by the job or by the hour
        
        work customarily done under a principal's supervision
        
        skill required in the agent's occupation
        
        Intent of the parties
        
        length of time the agent is engaged by the principal
        
        distinct occupation or business
        
        who supplies the tools and place of performance
        
        whether the principal is in business as well
- - - - Employer & employee can be jointly and several liable
      - Respondeat Superior (employee)
        
        Employer is still liable for slight deviation
        
        Agent performs tasks assigned by the employer or engages in conduct subject to the employer's control.
        
        Imposes liability on a principal for the torts his agents commits in the scope of employment.
        
        Employee can return to scope of employment after a frolic, but not during.
        
        Serves employer purposes
      - Respondeat Superior (IC)
        
        General Rule: not liable
        
        Exceptions:
        
        Inherently dangerous activities: Nature and circumstances of the work that is performed are such that injury to others will probably result unless precautions are taken.
        
        Nondelagable duty
        
        Loaned agent
        
        Negligent selection of contractor
    - - Individuals (the agent) will always be liable for their own torts
    - - Agents are liable for breach of their duties to the Principal.
        
        Duty of Loyalty: No Dual Agency, May not usurp a business opportunity for the principal, no self-dealing, duty not to compete.
        
        Duty of care
        
        Duty of obedience
        
        Duty of loyalty
        
        duty to account