Agency

1
Agency

• Jody Blanke
• Professor of Computer Information Systems and Law

2
Formation of Agency Relationships

• By Agreement
• Written
• Oral
• Without Agreement
• Agency by estoppel

3
Agents Ability to Bind the Principal to Contracts

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

4
Principals Duties

• Duty of compensation
• Duty of reimbursement and indemnification
• Duty of cooperation

5
Agents Duties

• Duty of loyalty
• Duty of obedience
• Duty to communicate to the principal
• Duty to exercise due care
• Duty to render an accounting

6
Liability of Principals (Employers)

• Principals (employers) are vicariously liable for
  the torts of their agents (employees) committed
  during the scope of their agency (employment)
• Respondeat superior (let the master answer)
• 1. There must be a master-servant relationship
• 2. The tort must have been committed during the
  scope of agency (employment) business
• Scope of employment
• detour slight deviation from employers
  interests
• frolic does not serve employers interests

7
Employee or 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
• Exertion of independent judgment