5 Written Questions
5 Matching Questions
- Agent (A)
- Notice to A =
- Termination of P of A
- GENERAL RULE
- 5 Things to Know about Agency Law
- a ✦ By acts of parties
✦ By operation of law
- b 1) How is principal-agency relationship created?
2) What is power of attorney? What are the types?
3) What contractual liability can agent create for his principle?
4) What tort liability can agent create for his principle?
5) What is an independent contractor?
- c Employer (P) IS LIABLE for a tort committed by his or her Employee (A) if the tort was WITHIN THE SCOPE OF THE EMPLOYEE"S EMPLOYMENT
- d ✦ Person who acts for another
- e = Notice to P
✦ If A's receipt of notice is within A's actual or apparent authority
5 Multiple Choice Questions
- ✦ Depends
1) Disclosed Principal
2) Undisclosed Principal
- ✦ Tort - Injury to person or damage to another's property which is compensable by money damages if the defendant was wrong
- 1) Employment
2) Powers of Attorney
- Principle is not liable because of what Principle did, but because P's Agent did something for which P is held responsible
- ✦ Agent can continue to act for Principle even when Principle couldn't legally act for himself/herself
✦✦ State of Texas ✦✦
5 True/False Questions
Types of Powers of Attorney → 1) General
Termination by Operation of Law → 1) Incapacity?
✦ If Durable Gen or Special = not terminated
✦ If Plano Gen or Special = yes, terminated
Commuting? → ✦ Texas - GENERAL RULE - person is not within scope of employment while commuting to and from work
Duties of Agent to Principle → ✦ Fiduciary Duty
1) Obedience - if legal
2) Reasonable care
4) Duty to account for $
5) Duty to notify regarding changed customers
20 Factor Test → Employer (P) IS LIABLE for a tort committed by his or her Employee (A) if the tort was WITHIN THE SCOPE OF THE EMPLOYEE"S EMPLOYMENT