test 5 bus202

What is agency

describes the relationship between agency and principle. (One party uses the other party to act on ones behalf)

principle

The person being representitive for (hires the agent)

Agent

The one representing the principle

third party

a party that challenges the two major parties

Importance of agency

Allows delegation (not everything can be done by one party)

What agency acomplishes

allows the principle to do more. Have more growth , expansion and efficiency (can also possibly create more legal exposure)

Agency relationship

Needs a principle, agent and mutual agreement (does not need a formal contract)

Agent agrees to

Agent agrees to act on principles behalf and best interest

fiduciary relationship

A legal relationship for agents to act on behalf of party and best interest (automatically exsists in an agency relationship) (fudiciary relationships only do not create agency relationships)

Agent duties

loyalty, care, obey instruction, provide information

Duty of loyalty

(more important) agent has a responsiblity to act in best interest of the other party (No NDA required)

restrictions of agent loaylty

1. cannot collect profits

2. disclose confidential information

3. cannot compete with principle interest

4. cannot represent both conflicting parties 

5. not engage in innapropriate behavior on behalf of principle

duty of care

Agent has to act with reasonable care (reasonable person in certain circumstance)

duty to obey instruction

obey principle instructions unless they are unethical or illegal

duty to provide information

Provide principal with all information that agent believes principal wants to know

Breaches of agent to principle

Agents must pay damages, profits, or recend transactions

Principal liability on agents contract

1. Agent authority

2. when the principal ratifies the agents contract (principal benefits off of knowing the agent broke contract)

3. principal has liability on sub contracts

Agent authority types

1. express authority (granted by words)

2. implied authority (conducts reasonable transactions to get goal accomplished)

3. apparent authority (principals action causes third party that reasonably believes the agent is authorized to do something)

examples of intentional torts

False impresonment, unreasonable impresonment or detaining of one (shoplifiting)

agent liability for contract entered into on behlaf of principal

If exsistance and identity of principal is not disclosed or if the agent exceeds their authority

join and several liability

Ability to sue mulitpule parties together or seperately

principal liablity on agents torts

(An agent is always liable for their own torts). When employees are working within their scope of employement

Liability limitations for principal on agency torts

Fraulic (major departure) and detour (minor departure) within scope of employement

Vicarious liability

legal Responsibility for someone elses actions

respondeat superior

A superior is liable for a lower superiors actions

employee vs independent contractor importance

employee - under scope of employeement

ic - (prinicipals are not liable for their torts) what the party determins, the principle supervises?, principal provides tools or work space.

scope of employment

the realm of activities engaged in by an agent when acting on behalf of a principal

Tort

A civil wrong doing against a person or property (not a breach of contract) and is usually remedied by paying damages

3 types of torts

1. Intentional

2. negligence

3. strict liability

Recklessness

someone is causing a known risk of harm (reckless driving)

gross negligence

an extreme type of unreasonable care

Intentional torts

deliberate acts intended to cause harm

Assult vs. Battery

assult is threat, or the fear of being beaten

Battery is the action of actually physically harming someone

battery to the emotions, infliction of mental distress,

Invasion of privacy

violating a person's name or likeness, public disclosure, intruding on personal solitute (property), 

malicious prosecution (false arrest)

Someone is arrested criminally without proper grounds

Tresspassing

entering property without consent

Conversion

wrongful exercise of power and control of personal resources that belong to someone else (not land)

Defamation

Act of harming or ruining another's reputation

Fraud

wrongful or criminal deception intended to result in financial or personal gain

Interference with business relations

injurious falsehood and intentional interference with contractual relations

Negligence torts

involve injury following a failure to use reasonable care

Duty of care

the obligation people owe each other not to cause any unreasonable harm or risk of harm

Unreasonable behavior

constitutes a breach of duty to use ordinary care

Wilful and Wanton Negligence

allows an injured plaintiff to recover punitive as well as actual damages

Causation in fact

A person was unreasonable and caused harm

proximate causation

When a person who has a duty abuses it, and causes harm to another individual; the EMT, the agency, and/or the medical director may be sued for negligence.

Negligence elements

1. duty of care 

2. causation (cause in fact) 

3. proximate cause

4. injury

Defences to negligence

contributory negligence, assumption of risk, ensopritory cause

Contributory Negligence

Plantiff is also responsible for injury (different by state)

Comparative Negligence

If the plantiff is responsible the defendent may get a reduced damages

comparative responsibility

a doctrine that compares the plaintiff's contributory fault with the defendant's fault and allows the jury to reduce the plaintiff's verdict by the percentage of the plaintiff's fault

assumption of risk

Plantiff know a risk was presentnent and voluntarily involved themselves

Ensopritory cause (waivers)

Contract on behavior of plantiff (not protected by gross negligence, recklessness or intent)

strict liability

The legal responsibility for damage or injury even if you are not negligent

Strict product liability

legal responsibility for harm or injury caused by a product regardless of fault

ultrahazardous activity

in tort law, a rule that when an activity involves a risk of serious harm, such as the use of explosives or toxic chemicals, strict liability will be imposed when any harm is caused to other persons or property

dram shop acts

A state statute that imposes liability on the owners of bars and taverns, as well as those who serve alcoholic drinks to the public, for injuries resulting from accidents caused by intoxicated persons when the sellers or servers of alcoholic drinks contributed to the intoxication.

Types of damages

compensatory and punitive

Compensatory damages

A monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved party.

Punitive damages

Monetary damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future.