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Agency - Coggle Diagram
Agency
Definition
Whether the agency relationship exists in the first place and whether the servant is an independent contractor or an employee (distinction only important for determining tort liability)
Creating an agency relationship - One person, a principal, assents to another person, an agent, to act on the principal's behalf. The agency must also assent to act
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The employer has no right to control the details of the performance of the independent contractor. Factors considered include:
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If the employer has the right to control the details of the conduct of its agent as to the result and the means to the result, then the agent is likely an employee
Torts
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3rd Party v. Principal
Agent is employee
Respondeat superior - Doctrine imposes vicarious liability upon a principal for the torts his agent commits in the scope of employment
Agent performs tasks assigned by the employee or engages in a course of conduct subject to employer's control
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Strict liability doctrine, so no defenses
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Contracts
Principal v. agent
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Not a highly likely test areas as examiners would have to give you the contract terms, but if they do, simply use your contracts mind map
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3rd Party v. Agent
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Breach of warranty of authority - agent acts beyond the agent's authority on behalf of a principal. Agent is personally liable
3rd Party v. Principal
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Types of 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
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Implied
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Things the agent believes the principal wishes the agent to do based on the agent's reasonable understanding of the principal's expressed request
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