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19 Cards in this Set
- Front
- Back
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Types of Authority |
What you are or not allowed to do within SOE Actual Authority Actual Express Authority Actual Implied Authority Apparent Authority |
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Actual Authority |
Power conferred upon the agent by actual consent given by the principal straight to the agent |
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Actual Express Authority |
Derived from written or spoken words of the principal |
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Actual Implied Authority |
Inferred from words or conduct manifested to the agent by the principal |
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Apparent Authority |
Power conferred upon the agent by acts or conduct of the principal that reasonably lead a third party to believe that the agent has such power; conduct or words from principal to 3rd party |
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Agent's use of authority |
Major power of agent is to change the legal status of principal through contract liability |
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Ratification |
Affirmation by one person of a prior unauthorized act that another has done as her agent or as her purported agent; the principal becomes bound by the actions of the agent as if the agent had been originally authorized to act; must ratify the absolute total act |
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Requirements of ratification |
1. Disclosure 2. Knowledge 3. Notice of Withdrawal 4. Intervening Events 5. Legal Existence |
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3 Types of principals |
Disclosed Principal Unidentified Principal Undisclosed Principal |
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Disclosed Principal |
Principal whose existence and identity are known; contractually bound with the 3rd party if the agent acts w/in her actual or apparent authority in making the contract |
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Unidentified Principal
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Principal whose existence is known but whose identity is not known; contractually bound with the 3rd party if the agent acts w/in her actual or apparent authority in making the contract; agent actual party to contract
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Undisclosed Principal |
Principal whose existence and identity are not known; contractually bound with 3rd party if the agent acts w/in her actual authority in making ht contract; don't know its an agent/principal relationship of any kind; agent is absolutely personally liable on the contract |
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Authorized acts of agent |
A principal who authorizes his agent to commit a tortious act concerning the property or person of another is liable for the injury or loss that person sustains. |
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Unauthorized acts of agent |
A principal who negligently conducts activities through an employee or other agent is liable for harm resulting from such conduct. For example: negligently selects agents, retains agents, trains agents, supervises agents, or otherwise controls agents. |
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Negilgent Hiring
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Arises when the principal does not exercise proper care in selecting an agent for the job to be done. Principal is responsible. Principal lends employee company car for bus. errand knowing she can't drive that car, princ. liable for anyone injured by unsafe driving.
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Respondeat superior |
An employer is liable for unauthorized torts committed by an employee in the course of his employment; even if agent is disobedient & even done during the SOE; detour, frolic |
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Detour |
An employee is driving a vehicle for an employer and makes a minor deviation for personal reasons, such as getting lunch; doesn't relieve employer of liability |
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Frolic |
An employee is driving a vehicle for an employer and makes a major deviation for personal reasons, such as going a long way out of the way to visit a friend; relieves employer of liability |
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Torts of Independent Contractor |
Respondeat Superior does not generally apply to these torts, b/c they are not an employee of the person for whom he is performing work or rendering services; a principal is usually not liable for the unauthorized torts of an independent contractor |
