Question 1

What is a nondelegable duty?

Accepted Answer

A principal is liable for harm resulting from the nonemployee agent's failure to perform a duty of care,which duty the principal owes to other persons but has delegated to the agent.A duty of care is a duty whose proper performance is so important that a principal cannot avoid liability by delegating it to an agent.This is often termed a non-delegable duty.

Question 2

What is an employer's liability based on under respondeat superior?

Accepted Answer

Respondeat superior is a rule of vicarious liability because it bases an employer's liability on her relationship with her employee.

Question 3

Ordinarily a principal is not made liable for any of the torts committed by:

Accepted Answer

A principal ordinarily is not liable for torts committed by nonemployee agents (independent contractors).

Question 4

Lee,a landlord,hires Shomo,a repairman,to fix a broken staircase in the house occupied by his tenants,the Grants.However,Mrs.Grant has an accident while climbing down the stairs and injures herself severely.It was found that Shomo had not fixed the staircase properly,which caused this accident.Which of the following is true of this situation?

Accepted Answer

A principal is liable for harm resulting from the nonemployee agent's failure to perform a nondelegable duty.Thus,a landlord who retains a nonemployee agent to repair the stairs in an apartment building is liable for injuries caused by the agent's failure to repair the stairs properly.

Question 5

Percy is a bus driver but he cannot make his route so he asks Samuel to take his route on for the day as an independent contractor.Samuel drives unsafely and injures a bus passenger.Is Percy liable?.

Accepted Answer

A principal is liable for harm resulting from the nonemployee agent's failure to perform a duty of care,which duty the principal owes to other persons but has delegated to the agent.A duty of care is a duty whose proper performance is so important that a principal cannot avoid liability by delegating it to an agent.This is often termed a non-delegable duty.

Question 6

Maple hired Birch to work as her taxi driver.After a long,hot summer day of city driving and dealing with other rude drivers,Max,another driver,cut Birch off and slightly dented Birch's taxicab.An enraged Birch pulled Max out of the car and hit him with a brick that was lying on the road.Max suffered serious and permanent injuries and wants to sue.Who is liable in this situation?

Accepted Answer

An employee acts within the scope of employment when performing work assigned by the employer or when engaging in a course of conduct subject to the employer's control.An employee's act is not within the scope of employment when it occurs within an independent course of conduct not intended by the employee to serve any purpose of the employer.

Question 7

Abel was employed as a security guard for Seep Corporation.Abel's job was to guard a fenced-in area and to use force to keep intruders from climbing the fence to enter the plant.His working hours were from 8:00 A.M.to 5:00 P.M.At about 11:00 P.M.one evening,Abel drove past his place of employment.He saw a teenager named Johnny climbing the outside of the fence that he guarded during the day.Angered by this violation of Seep's property rights and by the fact that Johnny had called him a "potbellied moron" only three days earlier,Abel stopped his car,ran up to the fence,pulled Johnny off of it,and beat him up.Johnny sues Seep Corporation for Abel's assault and battery (both intentional torts).Which of the following is most likely to be the court's verdict?

Accepted Answer

Most courts find that an employee's conduct is within the scope of his employment if it occurred substantially within the authorized time period.This is the employee's assigned time of work.Beyond this,there is an extra period of time during which the employment may continue.For instance,a security guard whose regular quitting time is 5:00 probably meets the time test if he unjustifiably injures an intruder at 5:15.Doing the same thing three hours later,however,would probably put the guard outside the scope of employment.

Question 8

When does a scope of employment requirement exist?

Accepted Answer

Respondeat superior makes an employer liable for torts committed by agents only if those torts were committed during the scope of employment.

Question 9

Stan hired Mason to work as a janitor in Stan's apartment building.Mason was negligent.He left the floor in the building lobby wet and slippery without putting up a warning sign.Martha slipped and fell on the wet floor.If Stan is liable for this accident,what is the source of his liability?

Accepted Answer

Respondeat superior is a rule of imputed or vicarious liability because it bases an employer's liability on her relationship with the employee rather than her own fault.

Question 10

Sandra hired Jeff to work as a taxi driver for Sandra.Jeff had a long criminal record for violent assaults,including three cases of vehicular homicide.However,Sandra was not aware of this and she does not check employees' criminal records.While Jeff was driving a passenger,Ben,they got involved in a heated argument.Jeff pulled Ben out of his car and hit him.Which of the following is true of this case?

Accepted Answer

The typical direct liability case involves harm caused by the principal's negligence regarding the agent.Examples of direct liability for negligence include (1)giving the agent improper or unclear instructions; (2)failing to make and enforce appropriate regulations to govern the agent's conduct; (3)hiring an unsuitable agent; (4)failing to discharge an unsuitable agent; (5)furnishing an agent with improper tools,instruments,or materials;and (6)carelessly supervising an agent.

Question 11

Phillips hires Addis,who had sixteen prior convictions for the use of hallucinogenic drugs,as an air traffic controller for his private airport.Phillips could easily have discovered the convictions had he made a routine criminal record check,but that was too much trouble.Phillips knew nothing whatsoever about the job of an air traffic controller,and,when he hired Addis,merely told him to "get the planes in safely the best way you know how;the details are up to you." One day,Phillips held a private birthday party for a celebrity and invited 20 of his rich and famous friends,all of whom were to arrive by a private jet.As it turned out,Addis was under the influence of drugs on this day and,as a result,all 20 of Phillips's friends were killed.After this national tragedy,Phillips and Addis were sued for negligence by the estates of the victims.In this case:

Accepted Answer

The typical direct liability case involves harm caused by the principal's negligence regarding the agent.Examples of direct liability for negligence include (1)giving the agent improper or unclear instructions; (2)failing to make and enforce appropriate regulations to govern the agent's conduct; (3)hiring an unsuitable agent; (4)failing to discharge an unsuitable agent; (5)furnishing an agent with improper tools,instruments,or materials;and (6)carelessly supervising an agent.

Question 12

When is a principal directly liable for tortious behavior connected with the retention of a nonemployee agent?

Accepted Answer

A principal can be directly liable for tortious behavior connected with the retention of a nonemployee agent.One example is the hiring of a dangerously incompetent nonemployee agent.

Question 13

If an agent has,within the scope of the agency relationship,committed both negligent and intentional acts resulting in injury to third parties,the principal:

Accepted Answer

Respondeat superior makes the principal liable both for an employee's negligence and for her intentional torts.

Question 14

The state of Indiana hires the Reliable Construction Company to do some excavation work on an interstate highway.The state lays out the general objectives that Reliable has to achieve,but the details of the job are up to Reliable.The job involves digging holes ten feet deep,the whole way,across the highway.Given the nature of the job,it's important that Reliable be especially careful in putting up flashers and warning signs to steer oncoming motorists onto a detour.Reliable,however,does not do an adequate job in this regard and motorists are continually driving their cars into the construction area at high speed.One of these drivers,Tim,is unable to stop in time,and drives his car into the hole,suffering severe personal injury and damage to his car.Tim sues Reliable and the state for Reliable's negligence.In this case:

Accepted Answer

A principal is liable for a nonemployee agent's negligent failure to take the special precautions needed to conduct certain highly dangerous or inherently dangerous activities.Examples of such activities include excavations in publicly traveled areas,the clearing of land by fire,the construction of a dam,and the demolition of a building.

Question 15

A(n)________ case involves harm caused by the principal's negligence regarding the agent.

Accepted Answer

The typical direct liability case involves harm caused by the principal's negligence regarding the agent.

Question 16

Nina hired Sue to work as a janitor in Nina's apartment building.Sue was negligent in that she left a crack in the marble staircase unrepaired,without putting up a warning sign.Seth slipped on the staircase and suffered severe injuries.Who is liable for this accident?

Accepted Answer

Respondeat superior makes the principal liable both for an employee's negligence and for her intentional torts.

Question 17

When is a principal directly liable for misrepresentations made by an agent?

Accepted Answer

A principal is directly liable for misrepresentations made by her agent during authorized transactions if she intended that the agent make the misrepresentations.

Question 18

A principal will not be liable to a third party for a tort committed by an agent:

Accepted Answer

A principal who is an employer is liable for torts committed by agents (1)who are employees and (2)who commit the tort while acting within the scope of their employment.

Question 19

Principals may try to escape liability for an agent's misrepresentations by including ________.

Accepted Answer

After contemplating their potential liability,both honest and dishonest principals may try to escape liability for an agent's misrepresentations by including an exculpatory clause in contracts the agent makes with third parties.

Question 20

Andy works for Sparkles,a jewelry store.While selling a zircon-studded ring to a customer,Andy falsely states that the zircon is a diamond.The customer,delighted to find a diamond ring at an affordable cost,buys the ring.If the customer files a lawsuit for damages,which of the following will most likely be the court's verdict?

Accepted Answer

In some states,a principal may be directly liable if she negligently allows the agent to make misrepresentations.Even where a principal is not directly at fault,she may be liable for an agent's misrepresentations if the agent had actual or apparent authority to make true statements on the subject.

Quiz 36: Third-Party Relations of the Principal and the Agent