Agency

1
Agency

• Jody Blanke
• Professor of Computer Information Systems and Law

2
Formation of Agency Relationships

• By Agreement
• Written
• Oral
• Implied by conduct
• Without Agreement
• Agency by ratification
• Agency by estoppel

3
Agents Ability to Bind the Principal to Contracts

• Actual Authority
• Express
• Implied
• Apparent Authority
• Ratification

4
Employee v. Independent Contractor

• How much control is exercised by the employer
• Hours of work
• Place of work
• Equipment used
• Degree of skill
• Similarity to business of employer
• Duration of work
• Frequency of pay

5
Vicarious Liability

• The employer may be held liable for the acts of
  an employee
• Respondeat superior
• let the master answer
• Principal (employer) is responsible for the acts
  of its agent (employee)
• Scope of employment
• detour slight deviation from employers
  interests
• frolic does not serve employers interests