Question
18.1. Why is agency law especially important in the business and government context? 18.2. Judge Learned Hand, a famous early-twentieth-century jurist (1872-1961), said, The fiduciary
18.1. Why is agency law especially important in the business and government context?
18.2. Judge Learned Hand, a famous early-twentieth-century jurist (1872-1961), said, "The fiduciary duty is not the ordinary morals of the marketplace." How does the fiduciary duty differ from "the ordinary morals of the marketplace"? Why does the law impose a fiduciary duty on the agent?
18.4. A woman was involved in an automobile accident that resulted in the death of a passenger in her car. After she was charged with manslaughter, her attorney agreed to work with her insurance company's claims adjuster in handling the case. As a result of the agreement, the woman gave a statement about the accident to the claims adjuster. When the prosecuting attorney demanded to see the statement, the woman's attorney refused on the grounds that the claims adjuster was histhe attorney'sagent, and therefore the statement was covered by the attorney-client privilege. Is the attorney correct? Why?
19.1. Could express authority be established by silence on the part of the principal?
19.2. What is the difference between direct and vicarious employer tort liability?
19.3. Pauline, the owner of a large bakery business, wishes to expand her facilities by purchasing the adjacent property. She engages Alice as an agent to negotiate the deal with the property owner but instructs her not to tell the property owner that sheAliceis acting as an agent because Pauline is concerned that the property owner would demand a high price. A reasonable contract is made. When the economy sours, Pauline decides not to expand and cancels the plan. Who is liable for the breach?
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