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AGENCY - Coggle Diagram
AGENCY
Torts
3rd Party v. Agent
Individuals are always liable for their own torts.
Agent v. Principal
Individuals are always liable for their own torts.
Principal v. Agent
Agents are liable for breach of their duties to the principal.
Duty of Care
Duty of Obedience
Duty of Loyalty
No self-dealing
May not usurp a business opportunity belonging to the principal
Duty not to compete
No dual agency
Duty to Account.
3rd party v. principal
Agent is employee
Respondeat Superior
Employer's liability is in addition to the agent's liability.
Employer and employee are jointly and severally liable.
strict liability doctrine, so no defenses.
Agent is independent contractor
General Rule : No liability
Exceptions
Inherently dangerous activities.
Nondelegable duty
Loaned agent
Negligent selection of contractor
Contracts
3rd Party v. Agent
Disclosed v. undisclosed principal
Fully disclosed principal
Undisclosed principal
Partially disclosed principal
Breach of warranty of authority
Agent v. Principal
Contractual duties owed to agents.
compensate
Indemnify
Reimburse
Cooperate
3rd Party v. Principal
An agent acting within the scope of his authority may bind his principal in contract.
Types of authority
Actual
Apparent
Ratification
Definition