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Agency - Coggle Diagram

- - - - -- Principal may not interfere with agent's performance
      - -- Principal must affirmatively aid where reasonably required to do so.
  - - - Partially disclosed Principal -- agent is personally liable in contract.
        
        -- When 3rd Party learns the identity of the Principal, the 3rd party must elect to go after either the agent or principal, but not both.
      - Undisclosed Principal -- agent is personally liable in contract.
      - Fully disclosed Principal -- agent is not personally liable in contract.
  - - - 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.
        
        (ii) Implied
        
        (1) Authority 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 express request.
        
        (i) Express -- Principal directly requests the agent to act (including verbal requests).
      - Apparent -- The agent is "cloaked" with authority.
        
        (2) Belief is based on the principal's representations made to the third party.
        
        (1) 3rd party reasonably believes agent has authority to act on behalf of Principal; and
      - Ratification -- Principal grants retroactive authority for the agent's earlier unauthorized actions.
        
        -- Ratified act must be one that 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.
- - - - C: Duty of Care.
      - O: Duty of Obedience
      - L: Duty of Loyalty
        
        no self-dealing
        
        may not usurp a business opportunity belonging to the principal
        
        duty to not compete
        
        no dual agency
      - A: Duty to Account
  - - - Employer's liability is in addition to the agent's liability
      - strict liability doctrine, so no defenses.
      - employee and employer are jointly and severally liable.
      - Respondeat Superior -- doctrine imposes vicarious liability upon a principal for the torts his agent commits in the scope of employment.
        
        serves employer's purpose
        
        Employer is not liable if the employee substantially deviates from the authorized route (frolic). (Employee can return to the scope of employment after a frolic)
        
        agent performs tasks assigned by the employer or engages in a course of conduct subject to employer's control.
        
        employer is still liable for slight deviations from he assigned task (detour).
    - - Exceptions
        
        inherently dangerous activities -- nature and circumstances of the work to be performed are such that injury to others will [robably result unless precautions are taken.
        
        nondelegable duty
        
        negligent selection of independent contractor
- - - - one person, a principal, assents to another person, an agent, to act on the Principal's behalf. The agent must also assent to act.
    - - The employer has no right to control the details of the performance of the independent contractor. Factors considered include:
        
        who supplies the tools and place of performance
        
        length of time the agent is engaged by the principal
        
        skill required in agent's occupation
        
        whether agent is paid by the job or by the hour
        
        work customarily done under a principal;s supervision
        
        intent of the parties
        
        distinct occupation or business
        
        whether the principal is in business
        
        Outcome
        
        If yes, the employer had no control over agent, then likely an independant contractor. Analysis then based on the rules for liability for an independant contractor's tort.
        
        If no, and the employer had the right to control the details of the conduct of the agent as to the result and the means to the result, then agent is likely an employee. Analysis then based on respondeat superior for employer liability.