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Chapter 19 Agency Relationships 439 Practice and Review: Agency Relationships Lynne Meyer, on her way to a business meeting and in a hurry, stopped at

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Chapter 19 Agency Relationships 439 Practice and Review: Agency Relationships Lynne Meyer, on her way to a business meeting and in a hurry, stopped at a Buy-Mart store for a new car charger for her smartphone. There was a long line at one of the checkout counters, but a cashier, Valerie Watts, opened another counter and began loading the cash drawer. Meyer told Watts that she was in a hurry and asked Watts to work faster. Instead, Watts slowed her pace. At this point, Meyer hit Watts. It is not clear whether Meyer hit Watts intention- ally or, in an attempt to retrieve the car charger, hit her inadvertently. In response, Watts grabbed Meyer by the hair and hit her repeatedly in the back of the head, while Meyer screamed for help. Management personnel separated the two women and questioned them about the incident. Watts was imme- diately fired for violating the store's no-fighting policy. Meyer subsequently sued Buy-Mart, alleging that the store was liable for the tort (assault and battery) committed by its employee. Using the information presented in the chapter, answer the following questions. 1. Under what doctrine discussed in this chapter might Buy-Mart be held liable for the tort committed by Watts? 2. What is the key factor in determining whether Buy-Mart is liable under this doctrine? 3. How is Buy-Mart's potential liability affected by whether Watts's behavior constituted an intentional tort or a tort of negligence? 4. Suppose that when Watts applied for the job at Buy-Mart, she disclosed in her application that she had previously been convicted of felony assault and battery. Nevertheless, Buy-Mart hired Watts as a cashier. How might this fact affect Buy-Mart's liability for Watts's actions? Debate This ... The doctrine of respondeat superior should be modified to make agents solely liable for their tortious (wrongful) acts committed within the scope of employment. Terms and Concepts agency 420 express authority 429 power of attorney 429 apparent authority 430 fiduciary 420 ratification 431 disclosed principal 432 implied authority 429 respondeat superior 434 e-agent 433 independent contractor 421 undisclosed principal 432 equal dignity rule 429 notary public 429 vicarious liability 434 exclusive agency 428 partially disclosed principal 432 Issue Spotters Winona contracted with XtremeCast, a broadcast media makes a deal with Farmland Stables, the owner of the firm, to cohost an Internet-streaming sports program. horse, and makes a down payment. Estee does not pay Winona and XtremeCast signed a new contract for each the rest of the price. Farmland Stables sues Davis for episode. In each contract, Winona agreed to work a cer- breach of contract. Can Davis hold Estee liable for what- tain number of days for a certain salary. During each ever damages he has to pay? Why or why not? (See broadcast, Winona was free to improvise her performance. Liability in Agency Relationships.) She had no other obligation to work for XtremeCast. Was Winona an independent contractor? (See Agency Law.) . Check your answers to the Issue Spotters against the answers provided in Appendix B at the end of this text. 2. Davis contracts with Estee to buy a certain horse on her behalf. Estee asks Davis not to reveal her identity. Davis

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