Deck of Cards that covers the general common law and statutory rules for corporate formation and suits.
| Front | What is Agency? |
| Back | Agency is a relationship that results from the manifestation of consent by a principal to the agent that the the agent shall act1. On the principal's behalf2. Subject to the Principal's control |
| Front | Why is it necessary to establish if an agent was an employee in a tort action for determining agency |
| Back | It depends on the amount of control that a principal asserts over an agent. If the principal asserts a certain amount of control that goes beyond getting a result, then the agent is said to be an employee and thus the principal could be liable in tort. If the principal asserts less than that amount of control, then the agent is an independent contractor and the prinicpal cannot be held liable for their actions in tort. |
| Front | Determining Agency liability in a tort claim |
| Back | A principal is subject to liability for torts committed by agents when the agent is acting within the scope of their agency. We ask two questions: 1. Is there an employment or agency relationship2. Did the employee/agent commit the tort within the socpe of their employment |