Question 1

Under the ________ test, the principal is liable for any intentional torts committed by an agent during working hours on the principal's premises.

Accepted Answer

The work-related test holds the principal liable for any intentional torts committed by an agent during working hours on the principal's premises, regardless of whether the principal authorized or had knowledge of the agent's actions. This test applies to intentional torts such as assault, battery, false imprisonment, and defamation.

Question 2

Most jurisdictions hold the ________ liable for injuries caused on a dual-purpose mission.

Accepted Answer

Both the principal (who directed the mission) and the agent (who carried out the mission) can be held liable for any injuries caused on a dual-purpose mission, as both had a role in creating the situation that led to the injury. The injured party may also have some responsibility if they contributed to the injury in some way, but this does not absolve the principal and agent of their liability.

Question 3

If a casting agent works for two Hollywood actors, the agent is liable for ________.

Accepted Answer

Dual agency occurs when a real estate agent represents both the buyer and the seller in a transaction, but in this scenario, the casting agent is representing two actors, creating a conflict of interest and potential breach of fiduciary duty.

Question 4

Minksine Corporation employs Sandy as its marketing manager.Sandy is driving her automobile to attend a meeting with a client on behalf of her employer.On her way to the meeting, Sandy is involved in an automobile accident that is caused by her negligence.Several people are seriously injured in the accident.Which of the following is true of this case?

Accepted Answer

As Sandy was driving on behalf of her employer, Minksine Corporation, and was performing duties related to her employment, the corporation can be held vicariously liable for her negligence. Therefore, Minksine Corporation is liable for the injuries caused by Sandy.

Question 5

________ occurs where a principal is liable for an agent's tortious conduct because of the employment contract between the principal and agent, not because the principal was personally at fault.

Accepted Answer

Vicarious liability is a legal doctrine that holds a person or entity responsible for the actions of another person, typically for an employee's actions. This occurs not because the principal was personally at fault, but due to the employment contract between the principal and the agent. Vicarious liability is also known as "imputed liability."

Question 6

Fiona works for Open Heart Hospital and lives 10 miles away from her place of work.The hospital has provided her with a car to commute and also pays for its upkeep.If she accidentally injures a person while driving to work in the morning, which of the following would be true?

Accepted Answer

Fiona would be responsible for her negligence as she was the one driving the car at the time of the accident. The fact that Open Heart Hospital provided her with the car and paid for its upkeep does not make them liable for any accidents that occur during her commute to work.

Question 7

Gem's principal asked her to pick up his dry-cleaning on her way to work.After she had picked up the dry-cleaning and while driving to work, Gem knocked over an old man crossing the street as she did not apply the brakes in time.Under the theory of ________, Gem's principal is liable to the injured man.

Accepted Answer

Vicarious liability applies when an employer is held responsible for the actions of its employees while they are acting within the scope of their employment. Gem was running an errand for her principal when the accident occurred, making her principal vicariously liable for her actions. Intentional torts involve deliberate actions to harm another person, while negligence involves a failure to exercise reasonable care that results in harm to another person. Liability with fault is not a recognized legal concept.

Question 8

Which of the following is true of tort liability for principals and agents?

Accepted Answer

The answer of Which of the following is true of...

Question 9

Under the ________ test, if the agent committed an intentional tort to promote the principal's business, the principal is liable for any injury caused by the tort.

Accepted Answer

The correct answer is B) motivation. Under the motivation test, a principal can be held liable for the intentional torts of an agent if the torts were committed with the intention to serve or promote the principal's business interests.

Question 10

In which of the following cases is a motivation test used to establish the employee's motive?

Accepted Answer

The answer of In which of the following cases is...

Question 11

An actor asks an agent to place an order for a couch on the agent's way back to work.This is an instance of ________.

Accepted Answer

A dual-purpose mission occurs when an agent performs a task for both personal and business purposes simultaneously. In this case, the agent is combining a personal errand (placing an order for a couch) with their work-related travel.

Question 12

________ 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.

Accepted Answer

This is the definition of respondeat superior, also known as the "vicarious liability" doctrine. It holds employers responsible for the actions of their employees while they are performing job-related duties.

Question 13

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

Accepted Answer

Divulging details of a past employer to a current principal without consent is a misuse of confidential information.

Question 14

________ is a situation in which an agent does something during the course of his or her employment to further his or her own interests rather than the principal's.

Accepted Answer

The answer of ________ is a situation in which an...

Question 15

Dan asks his agent Jude to drop off some medicines at his mother's house.On his way back, Jude decides to have lunch at a diner two blocks away from his workplace.While walking back to work, he jaywalks at a green signal on the road, causing a motorcyclist to hit the kerb and injure himself while attempting to avoid hitting Jude.Under the concept of ________, Dan is liable for the injuries caused to the motorcyclist.

Accepted Answer

Jude's act of jaywalking, which led to the motorcyclist's injury, is considered a "frolic and detour," meaning he was acting outside the scope of his employment duties, thus making Dan liable.

Question 16

Which of the following is considered an intentional tort?

Accepted Answer

Intentional torts are actions that are deliberately done to harm another person, such as fraud. Negligence and innocent misrepresentation are not deliberate actions, and dual-purpose mission refers to a legal concept in product liability law.

Question 17

A dual-purpose mission is a situation that occurs when ________.

Accepted Answer

A dual-purpose mission is when an agent is asked to perform a task that serves both the agent's personal interests and the interests of their principal. In this situation, the agent is essentially multitasking and serving two purposes at once. Option A refers to a conflict of interest, option C refers to a regular agency relationship, and option D refers to competition between an agent and principal after their agency relationship has ended.

Question 18

What is vicarious liability?

Accepted Answer

Vicarious liability is a legal concept where one person is held liable for the actions of another person or entity, even though they themselves did not commit the wrongdoing. This type of liability is without fault or wrongdoing on the part of the person being held liable. Therefore, option D, liability without fault, is the best choice.

Question 19

Which of the following is true of dual agency?

Accepted Answer

Dual agency is only permitted if all parties in the transaction agree to it. It is important to note that in some states, even with mutual consent, dual agency must be disclosed and agreed upon in writing by all parties involved. Choice A is incorrect because an undisclosed dual agent is not allowed to retain compensations of the transaction, but could face legal consequences. Choice B is incorrect because finders and middlemen are not necessarily dual agents. Choice D is incorrect because even if the interests of both principals are similar, it does not automatically permit dual agency without mutual consent.

Question 20

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?

Accepted Answer

The coming and going rule generally states that employers (principals) are not liable for injuries caused by their employees (agents) while they are commuting to or from work, as these actions are considered outside the scope of employment.

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