BUL-3310 Lecture Notes - Lecture 25: Intentional Tort, Fiduciary, Estoppel

• School: FSU
• Department: Risk Management/Insurance, Real Estate and Legal Studies
• Course: BUL-3310
• Professor: Stephen A Bailey

Document Summary

Actual authority: express actual authority, authorit(cid:455) e(cid:454)pli(cid:272)itl(cid:455) gi(cid:448)e(cid:374) to the age(cid:374)t through the pri(cid:374)(cid:272)ipal"s (cid:449)ritte(cid:374) or oral instructions. Implied actual authority: authority that is necessarily incidental to the express authority or that arises because of business custom and usage or prior practices of the parties. It is the affirmance of a contract already made. It cures the defect of lack of authority and creates the relation of principal and agent: capacity required, corporations may not ratify contracts made by its promoters on the corps behalf before corp. was formed. Introduction: the law treats the disclosed principals differently from the other types of principals, the law views the liability of partially disclosed and undisclosed principals as being the same. Dis(cid:272)losed pri(cid:374)(cid:272)ipal"s lia(cid:271)ilit(cid:455) to agents: disclosed principal implicitly agrees to protect its agents from any liability as long as these agents act within the scope of authority granted. Tort liability of employers: respondeat superior, expanding vicarious liability, exceptions: frolics and detours.