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Agency - Coggle Diagram

- - - - Skill required in the agent's occupation
      - Who supplies the tools and place of performance
      - Work customarily done under a principal's supervision
      - Length of time the agent is engaged by the principal
      - Distinct operation or business
      - Whether the agent is paid by the job or by the hour
      - Intent of the parties
      - Whether the principal is in business
- - - - 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
        
        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 employment after a frolic
        
        Employer is still liable for slight deviations from the assigned task (detour)
      - 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
  - - - Duty of Obedience
      - Duty of Loyalty
        
        May not usurp a business opportunity belonging to the principal
        
        Duty not to compete
        
        No self-dealing
        
        No dual agency
      - Duty of Care
      - Duty to Account
  - - - Inherently dangerous activities - nature and circumstances of the work to be performed are such that injury to others will probably result unless precautions are taken
      - Nondelegable duty
      - Negligent selection of independent contractor
- - - - Principal may not interfere with the agent's performance
      - Principal must affirmatively aid when reasonably required to do so
  - - - Fully disclosed principal - agent is not personally liable in contract
      - Undisclosed principal - agent is personally liable in contract
      - Partially disclosed principal - agent is personally liable in contract
        
        When the third party learns the identity of the principal, the third party must elect to go after either the agent or the principal, but not both
  - - - 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
        
        Authority to accomplish the principal's express request; or
        
        Things the agent believes the principal wishes the agent to do based on the agent's reasonable understanding of the principal's expressed request
      - Apparent - the agent is "cloaked" with authority
        
        Third party reasonably 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