Exam 30: Liability of Principals, Agents, and Independent Contractors

According to the coming and going rule, what is the liability of the principal for injuries caused by its agents and employees while they are on their way to or from work?

The crucial factor in determining whether someone is an independent contractor or an employee is the ________.

Briefly explain an undisclosed agency. What are the liabilities involved in such an agency?

An employee finds out that one of his colleagues dated his girlfriend. The employee acts on this information by assaulting his colleague at work during work hours. Based on the ________ test, the principal is liable.

Principals do not control the means by which independent contractors achieve results.

Which of the following is a true statement about independent contractors?

Which of the following is true of an undisclosed agency?

Jamie is a lawyer who runs her own law firm practicing in the area of real estate law. Raymond, a real estate developer, hires Jamie to represent him in the purchase of land. Jamie is a(n) ________.

In a partially disclosed agency, the contracting third party transacts directly with the principal and does not know the identity of the agent.

Dual agency occurs when an agent acts for two or more different principals in the same transaction.

Battery committed by an agent in the principal's premises and during the scope of employment is considered an unintentional tort.

The agent is not liable on the contract in a fully disclosed agency.

Which of the following is true of misrepresentation?

Agents can compete with the principal during the course of the agency if the principal agrees.

Which of the following is an instance of misuse of confidential information?

Middlemen and finders are not considered dual agents.

Gerard wants to get some land cleared in Texas. With the help of a consulting agency, he hires Carlos, an independent contractor. Carlos procures dynamite from a legitimate dealer to be used in clearing the land. However, the explosion of dynamite causes cracks to appear in the outer walls of a nearby house. Who is liable to the owner of the damaged house?

________ is a rule that says an employer is liable for the tortious conduct of its employees or agents while they are acting within the scope of the employer's authority.

Susanna hires Shane, a lawyer, as an independent contractor to represent her in a civil lawsuit against a defendant to recover monetary damages. If Susanna authorizes Shane to settle the case within a certain dollar amount and Shane does so, which of the following would be true?

The principal is liable for all torts of independent contractors.