Chapter 19 – Agency

Section 1 -Agency Relationships

1. Explain the three categories for hiring individuals in our legal system (that is, as employees, agents, and/or independent contractors)

    a. Compare the above hired parties based on issues of representation and control (Pittman web handout)

    b. Explain and use the factors differentiating independent contractors from employees

    c. Explain Alberty-Velez v. Corporacion de Puerto Rico

    d. Apply the rules for copyright ownership and "works for hire"

Section 2 - Formation of the Agency Relationship

2. Compare the hiring method for employees and independent contractors (generally, a contract) versus hiring an agent (generally, a contract, plus ratification and estoppel)

    a. Explain Motorsport Marketing v. Wiedmaier

Section 3 - Duties of Agents and Principals

3. Explain the duties of principals and agents

Section 5 - Scope of Agent's Authority &

4. Compare contract liability for principals based on an agent’s actions, versus employees or independent contractors (Pittman web handout)

    a. For agents, apply the rules of express, implied, and apparent authority, and ratification

    b. Explain Ermoian v. Desert Hospital

Section 7 - Liability for Torts and Crimes

5. Compare tort liability for employers based on an agent’s or employee’s actions, versus independent contractors

    a. Explain and apply the doctrine of respondeat superior