5 Written questions
5 Matching questions
- GENERAL RULE
- Undisclosed Principal
- Duties of Agent to Principle
- 5 Things to Know about Agency Law
- a 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
- 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 ✦ Fiduciary Duty
1) Obedience - if legal
2) Reasonable care
4) Duty to account for $
5) Duty to notify regarding changed customers
- d ✦ Texas - GENERAL RULE - person is not within scope of employment while commuting to and from work
- e ✦ 3rd Party doesn't know or reasonably shouldn't have known A is P's agent
✦ A is personally liable for broken contract
5 Multiple choice questions
- ✦ Relationship between Agent and 3rd Parties (others)
✦ Horizontal Authority
✦Principle is contractually bound if 3rd party could reasonably believe Agent was authorized to act for Principle - even if they weren't
- 1) Completion
- 1) Actual
- ✦ Work expressly directed to be performed
✦ Work reasonably incidental to work expressly directed
- ✦ Depends
1) Disclosed Principal
2) Undisclosed Principal
5 True/False questions
Tort Liability of P for A's Actions → ✦ Tort - Injury to person or damage to another's property which is compensable by money damages if the defendant was wrong
Types of Powers of Attorney → 1) General
Ratification → Even if Principle didn't authorize Agent to act, Principle still bound if Principle ratifies Agent's actions
General P of A → ✦ Agent authorized to do everything Principle could legally do while Principle could legally do it
✦ If they aren't able to do something, then you can't act for them
Durable (General or Special) P of A → ✦ Agent can continue to act for Principle even when Principle couldn't legally act for himself/herself
✦✦ State of Texas ✦✦