Questions to Consider

Consider these questions while reading this module:

  • What is a principal? an agent? an independent contractor?
  • What factors do the courts apply in determining whether a worker should be classified as an employee or an independent contractor? Why is this classification significant?
  • How is an agency relationship created?
  • What duties does a principal owe an agent? What fiduciary duties does the agent owe the principal?
  • When is an agent liable for the contracts he negotiated on behalf of the principal?
    • What is the difference between a fully disclosed, partially disclosed, and undisclosed agency?
    • What is the significance of this distinction?
    • What happens if the agent exceeds his authority?
  • When is a principal liable for the negligent torts committed by an agent?
    • How does the court determine if an agent is acting "within the course and scope
    • What is a frolic and detour? a dual purpose mission?
    • When might a principal be liable for torts committed by an agent on the way to work or the way home under the "coming and going" rule?
  • When is a principal liable for the intentional torts of an agent?
  • When can a principal be held liable for the torts of an independent contractor?
  • How is an agency relationship terminated?