Agency Law

1.What does the law mean by principal, agent, and independent contractor?

a.What are the characteristics of employees?At-will employees?

i.What are the exceptions to the employment at will doctrine that some states recognize and that might prevent an employee from being fired at any time for any reason?

b.What are the factors used to determine if a hired worker is an independent contractor instead of an employee by the courts, IRS and Department of Labor?Why is that distinction important?

c.What are agents?Can employees and independent contractors also be agents?

2.What is an agency relationship and how might it be created?

a.What is an express agency?an implied agency?

b.What is agency by ratification?How is it created?

c.What is an apparent agency (and apparent authority)?

3.What are the duties and responsibilities of a principal to an agent?An agent to a principal?

a.What is imputed knowledge and when does it arise?

4.An agent/employee is always liable for his own torts, but the law allows the injured third party to also seek compensation from the employer under the doctrine or respondeat superior.

a.What is respondeat superior?When can a principal/employer be vicariously liable for the negligent torts of its agent/employee?What does the law mean by "scope of employment?"

b.How might the "coming and going" and "frolic and detour" rules relieve the employer of vicarious liability?

c.What happens if the agent/employee is on a "dual purpose" mission?

d.When can an employer be vicariously liable for the intentional torts of an agent/employee?

5.When might an employer be liable for the torts committed by an independent contractor?

6.The principal/employer is always liable for the contracts made by the agent/employee on its behalf, but in some circumstances, the agent/employee can also be held liable.

a.What is the liability of the agent/employee in a fully disclosed agency?A partially disclosed agency? An undisclosed agency?