Exam 22: Agency Law

Generally,vicarious liability is applied to intentional tort cases because workers are usually hired to commit intentional torts.

An agent can only terminate an agency relationship by a written renunciation.

Repair Garage Company rents tools and stalls to independent auto mechanics to repair cars.Repair Garage allows Joe to print business cards reading "Repair Garage Company-Joe,Certified Mechanic." A customer is unhappy with the repairs Joe made to her car and sues Repair Garage.What legal theory,if any,would allow Repair to be sued by the customer?

Smith,an agent,buys and sells used computer equipment on behalf of New Life Technologies,Inc.In the absence of an agreement,which of the following tasks may Smith delegate to Elizabeth?

A(n)________ is an exception to the rule that says that either the principal or the agent may terminate an agency relationship at any time.

In which of the following situations can an agent legally appoint a subagent?

Barstock Enterprises LLC that employs Joseph as a sales agent,files for Chapter 11 bankruptcy protection.The agency continues under apparent authority principals.

Betty,the manager of The Great Retail Store,purchases a variety of merchandise on credit.When Betty quits,what notice must The Great Retail Store provide to its creditors?

An employer is always liable for an agent's or employee's crimes,unless employer did not actually aid or participate in their commission.

Allison is an attorney representing Big Co.in trademark litigation.Allison fails to conduct market research in advance of the trial to determine the extent to which consumers identify with the trademark associated with Big Co.Big Co.loses the litigation under a finding that the trademark is generic and not uniquely associated with it.Has Allison violated any duty she owed Big Co.? Discuss.

If John,who is the owner of COSTLESS Enterprises Inc. ,mentions at a cocktail party that he would love Sally (who is standing next to him)to work for him in telemarketing,he has created an agency by estoppel.

Greta,an agent,receives money from clients of Wayne,her principal,on the fifteenth of each month.In the absence of an agreement,how frequently must Greta account to Wayne for the money she receives?

In situations with a partially disclosed principal,agents are not entitled to indemnification if they incur a loss or are damaged as a result of a request made by the principal.

An employer may also be open to liability when the employer hires an independent contractor to perform a job that the law has not permitted the employer to delegate.

For the doctrine of respondeat superior to apply,a tort must be committed while the worker was performing a non-delegable duty.

Xavier hired Sam to sell Xavier's private Lear jet.Before any sale could be made,the jet was destroyed in a crash.The destruction of the jet terminated the agency by operation of law.Whom must Xavier inform of the termination?

In the "Opening Case," the main issue was whether the Society had a duty to the plaintiffs because Father Ryan was its employee.

An independent contractor is an agent with full power to bind the principal,even if the agent is not expressly authorized to do so.

Cassey is an agent of Green Motors and sells and delivers antique cars.Cassey spends her own money to ship a car from Ohio to Florida.There is no express agreement between Cassey and Green concerning expenses.Discuss the legal rules that apply to this situation.

Jackson is a car purchasing agent for Highway Motors,a used car dealer.Jackson attends wholesale auto auctions and notices that some autos have consistently greater demand and higher prices.Jackson forms a car purchasing partnership with Viva Inc.to buy these cars from "for sale by owner" advertisements and then sell them in Viva's name at the auto auctions where Jackson purchases them for Highway.Discuss if Jackson has violated any duty he owes Highway Motors.