Principal will be liable for agent's tort if:

1. principal/agent relationship exists (ABC)

a. Assent - informal agrmnt between principal & agent

b. agent's conduct MUST be for principal's benefit

c. right to control agent, by power to supervise, allowing agent to use Ps tools, basis of compensation (paid by job = IC, paid hourly = agent)

2. wheter tort was committed w/in scope of relationship:

a. was conduct w/in job description

b.did tort occur on Frolic or Detour

frolic = major deviation; detour = small deviation

c. Did agent intend to benefit principal

Actual authority

Apparent authority

Ratification

Express authority or implied authority

express = words to express authority

implied - agent rx believes P has given him authority

Equal dignities doctrine = if K itself must be in writing so must the express authority

1. Princ. cloaked agent w/ apparent authority

2. 3rd party rx relies on appearance of authority

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lingering authority - actual authority has been terminated, however, agent continues to act on Ps behalf, P still liable b/c they cloaked agent

1. Principal has knowledge of facts

2. principal accepts its benefits

3. CA = cannot alter the terms of K

1. duty to exercise rx care

2. duty to obey rx instructions

3. duty of loyalty -- no self dealing

no usurping principal's opportunity

no secret profits