Agency
Definition: One person, a principal, assents to another person, an agent, to act on the principal's behalf. The agent must also assent to act
Contracts
Torts: is the servant an independent contractor or an employee? employers have no right to control the details of performance of the independent contractor. The employer has the right to control the details of the conduct of its employees as to the result and the means to the result.
Agent v. Principal
Principal v. Agent
3rd party v. agent
3rd party v. Principal
3rd party v. Principal
3rd party v. agent
Agent v. Principal
Principal v. agent
Employee: Respondeat Superior superior, doctrine imposes vicarious liability upon a principal for the torts his agent commits in the scope of employment.
Independent contrator: General rule is no liability to principal. exceptions: inherently dangerous activity.
Individuals are always liable for their own torts
Individuals are always liable for their own torts
Agents are like for breach of their duties to the principal. Agents have duty of care, duty of loyaty, duty of obedience, duty to account.
An agen acting within the scope of his authority may ind his principal in contract.
Types of authority.
1) actual; manifestation of the principal to the agent that the agent acts for the benefit of the principal.
a) express actual authority: principal directly requests the agent to act
b) implied actual authority, things the agent believes the principal wishes him to do based on his reasonable understanding of the principal's expressed request
2) Apparent authority: the is "cloaked" with authority. third party reasonably believes the agent has authority to act on behalf of the principal. Belief is based on the principal's representations made to the third party.
3) Ratification: Principal grants retroactive authority for his agent's earlier unauthorized.
Disclosed vs undisclosed principal.
1) Fully disclosed principal, agent is not liable in contract
2)undisclosed agent is personally liable in contract
3) partially disclosed; agent is personally liable in contract.
Contractual duties owed to agents:
Compensate per the agency contract.
Indemnify for reasonably incurred legal liabilities.
Reimburse-for reasonably incurred expenses.
Cooperate: principal may not interfere with agent's performance and must affirmatively aid where reasonably required to do so.
Contract liability based on the terms of their contract.