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Chpt 34 3r Party
Kubasek Chapter 34 Liability to third parties and termination
| Question | Answer |
|---|---|
| Actual notice | Notice of agency termination that is given by directly informing third parties, either orally or in writing. |
| Agency coupled with an interest | An agency relationship that is created for the benfit of the agent, not the principal. |
| constructive notice | Notice of agency termination that is usually given by publishing an announcement in a newspaper. |
| disclosed Principal | A principal whose identity is known to a third party. The third party is aware that the agent is making an agreement on behalf of the principal. |
| general power of attorney | A type of express authority that allows an agent to conduct all business for the principal. |
| Partially disclosed principal | A principal whose identity is not known by a third party, although the third party is aware that the agent is making an agreement on behalf of a principal. also called unidentified principal. |
| respondeat superior | The Principal/employer is liable not because he was personally at fault but because he negligently hired an agent. |
| Special power of attorney | A type of express authority that allows an agent to act on behalf of the principal only in regard to specifically outlined acts. |
| undisclosed principal | A principal whose existence is not known by a third party. that is, the third party does not know that an agent is acting on behalf of a principal. |
| vicarious liability | The liability or responsibility imposed on a person, a party, or an organization for damages caused by another, most commonly used in relation to employment with the employer held vicariously liable for the damages caused by the employees. |
| Classification of the principal | The principal must be classified as either disclosed, partially disclosed, or undisclosed. |
| Authorized Acts | These are acts within the scope of the agent's authority |
| Unauthorized Acts | These are acts go beyond the scope of the agent's authority. |
| Principal's Tortious conduct: | The law holds a principal directly responsible for his own tortious conduct under 2 conditions: P direct the agent to commit a tortious act 2. P fails to provide proper instruments or tools or adequate instructions |
| Agent misrepresentation | If an agent misrepresents himself to a third party, the principal may be tortiusly liable for the agent's misrepresentation. |
| Principal's liability and the independent contractor | An individual who hires an independent contractor connot be held liable for the independent contractor's tortious actions under the doctrine of Respondeat superior unless the contractor engages in hazardous activities. |
| Crime and Agency relationships | If an agent commits a crime, clearly the agent is liable for the crime. |
| termination by acts of parties | termination may occur by lapse of time, fulfillment of purpose, occurrence of a specific event, mutual agreement by the parties, revocation of authority, or renunciation by the agent. |
| termination by operation of Law: | The agency relationship may be terminated automatically due to death, insanity, bankruptcy, changed circumstances, change in law, impossibility, disloyalty of agent, or war. |
Created by:
tinafici
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