Term
| what are the three things that are required for a principal - agent relationship to exist? |
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Definition
Gotta have you ABC's!
1. Assent between agent and principal
2. A's conduct must be for P's BENEFIT
3. The P must have the right to CONTROL |
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Term
| What is the main difference between an agent and an independent contractor? |
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Definition
there is no right to control the independent contractor because no powr to supervise performance.
Exceptions:ultra-hazardous activity, estoppel (if you hold out your I/C w/ the appearance of agency, you will be estopped.) |
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Term
| Scope of P-A relationship? |
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Definition
Within scope if:
1. w/i job description
2. tort occurred "on the job" (frolic v. detour)
3. agent intended to benefit P (even just a little bit) |
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Term
| Is P liable for A's intentional torts? |
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Definition
As a general rule, NO. Exceptions (MAN):
1. MOTIVATED by desire to serve P
2. Authorized by P
3. NATURAL from nature of employment
3. |
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Term
| When is P liable for A's contracts? |
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Definition
| P will be held liable ONLY ON ITS AUTHORIZED Ks. |
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Term
| What are the different kinds of authority? |
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Definition
1. Actual express
2. actual implied
3. apparent
4. ratification |
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Term
| Define "actual express authority" |
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Definition
P used words to express authority to agent. May be ORAL and PRIVATE, but scope is NARROWLY construed.
NOTE: if K must be in writing because of SOF, then so too must the actual express authority |
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Term
| How is express authority revoked? |
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Definition
1. unilateral act by P or A
2. death or incapacity of P |
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Term
| Define "actual implied authority" |
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Definition
authoritiy which the P gives the A through CONDUCT or CIRCUMSTANCE:
LOOK AT:
1. NECESSITY
2. CUSTOM
3. PRIOR DEALINGS |
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Term
| Define "apparent authority" |
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Definition
two part test:
1. P "cloaked" agent with appearance of authority and
2. third party reasonably relies on appearance of authority |
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Term
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Definition
authority can be granted AFTER the K has been entered if:
1. P knows of the K and
2. accepts the benefits.
NOTE: ratification cannot alter the terms of the K |
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Term
| authorized agent's liability? |
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Definition
| generally, auth agents are not liable. the P is. BUT, where there is an undisclosed principal, agent may be held liable at the election of the third party |
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Term
| What are the duties an agent owes to the p? |
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Definition
1. care
2. obedience
3. loyalty (SUP)
a. no SELF-dealing
b. no usurping P's opportunities
c. no secret PROFITS |
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