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Restatement (Third) of Agency § 7.03(1), 7.04-05 (2006).
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1Can a principal be directly liable to a third party harmed by an agent’s conduct?
Can a principal be directly liable to a third party harmed by an agent’s conduct?2If an agent is an employee acting within the scope of employment, may the employing principal (i.e., the employer) be vicariously liable to a third...
If an agent is an employee acting within the scope of employment, may the employing principal (i.e., the employer) be vicariously liable to a third party harmed by that agent’s tortious conduct?3In the agency context, may an agent be liable to a third party harmed by the agent’s tortious conduct?
In the agency context, may an agent be liable to a third party harmed by the agent’s tortious conduct?4May a principal be vicariously liable to a third party harmed by an agent’s tortious conduct if the conduct was within the scope of the agent’s app...
May a principal be vicariously liable to a third party harmed by an agent’s tortious conduct if the conduct was within the scope of the agent’s apparent authority?5An inventor created and manufactured a face mask that could rapidly filter smoke-filled air. The face mask was particularly useful to individuals t...
An inventor created and manufactured a face mask that could rapidly filter smoke-filled air. The face mask was particularly useful to individuals trapped in areas close to wildfires. The inventor contracted with a number of independent contractors throughout the country to be the inventor’s sales force and sell the face mask for the inventor. The inventor set the price of the face mask but did not otherwise control any aspect of the contractors’ work. After a recent rash of wildfires throughout the country, the price of each face mask increased by 500 percent. Even with the price increase, the independent contractors secured a large number of rush orders. Various state agencies were notified of the price change and began investigating price-gouging claims.May the inventor be held vicariously liable for the price-gouging claims for sales made by the independent contractors?6A restaurant owner employed staff to work in her restaurant. As part of their normal job duties, the staff sat restaurant patrons at tables in the ...
A restaurant owner employed staff to work in her restaurant. As part of their normal job duties, the staff sat restaurant patrons at tables in the restaurant. Generally, the staff members sat individuals in specific sections of the restaurant based on their ethnicity. The staff engaged in this practice because recommendation cards submitted by customers repeatedly praised and requested it. A group of patrons noticed the practice and sued the restaurant owner for discrimination. Can the restaurant owner be vicariously liable for the staff’s seating conduct?7If authorized by the principal, can an agent appoint a subagent?
If authorized by the principal, can an agent appoint a subagent?