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Agency - Coggle Diagram

- - - - 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
      - Respondeat superior: doctrine imposes vicarious liability upon a principal for the torts his agent commits in the scope of employment.
        
        Serves employer's purposes
        
        Employer is not liable if the employee substantially deviates from the authorized route (frolic) (employee can return to the scope of the employment after a frolic).
        
        Agent performs tasks assigned by the employer or engage in a course of conduct subject to employer's control
        
        Employer is still liable for slight deviations from the assigned task (detour)
    - - General rule: no liability
      - Exceptions
        
        Nondelegable duty
        
        Negligent selection of independent contractor
        
        Inherently dangerous activities: nature and circumstances of the work to be performed are such that injury of others will probably result unless precautions are taken
- - - - APPARENT: the agent is "cloaked" with authority. .
        
        Third party reasonable 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.
      - RATIFICATION: principal grants retroactive authority for the agent's earlier unauthorized actions
        
        Ratified act must be one that the principal could have authorized at the time of the act
        
        Once ratified, an act has the same effect as if it were originally
        done with authority
      - 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 agrees to be bound by the agent's actions.
        
        EXPRESS: principal directly requests the agent to act (including verbal requests)
        
        IMPLIED: 1) authoirty to accomplish the principal's express request or 2) things the agent believes the principal wishes the agent to do based on the agent's reasonable understanding of the principal's expressed request