Exam 36: Third-Party Relations of the Principal and the Agent

Respondeat superior makes a principal liable for an employee's negligence but not for her intentional torts.

For a principal to be directly liable in a Tort case,the following individual must be at fault for the injury to the victim:

If a subagent contracts with a third party in an authorized transaction then who is liable by the subagent's actions?

Briefly discuss the four tests courts use to determine if an employee's conduct was within his or her scope of employment.

Respondeat superior liability depends on whether the principal himself was at fault.

An agent who is aware that the principal does not properly exist under the law,but continues to act in their name is personal liable to all third party individuals for transactions that occur.

Lee,a landlord,hires Shomo,a repairman,to fix a broken staircase in the house occupied by his tenants,the Grants.However,Mrs.Grant has an accident while climbing down the stairs and injures herself severely.It was found that Shomo had not fixed the staircase properly,which caused this accident.Which of the following is true of this situation?

To be within the scope of employment,the agent's conduct must have been completely motivated by the desire to serve his employer.

Jerry is a janitor for Marry Hotel.Jerry negligently left a mop and a bucket of water in the hallway.Gina,a guest of the Marry Hotel,exited her guest room and tripped over the bucket.She broke her leg.Who is liable? Discuss.

Cyrano hired Roxanne to purchase a yacht.Cyrano did not want sellers to know that he was the buyer because he was very rich and he thought that sellers would demand a higher price if they were aware of this.So he instructed Roxanne to inform the sellers that she was acting for an anonymous buyer.Roxanne followed these instructions and entered into a contract to purchase a yacht from Richard.However,Cyrano did not like the yacht that Roxanne selected and refused to pay the purchase price.Richard insisted that Roxanne herself pay the purchase price.If Richard sues Roxanne to enforce the contract against her,what will be the outcome?

Maco Corp.is a real estate development firm and regularly engages real estate brokers to act on its behalf in acquiring parcels of land.The brokers are authorized to enter into such contracts,but are instructed to do so in their own names without disclosing Maco's identity or Maco's relationship to the transaction.If a broker enters into a contract with a seller on Maco's behalf: