BTC1110 Study Guide - Midterm Guide: Swafield, Secret Profit, Safeway Inc.
10 Nov 2018
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Summary of agency law: definition and features, principal, agent, third party, creation and authority of agency, actual - agent appointed-verbal or written, apparent - person gives the impression they are the agent. Case: tooth v laws: implied - position or circumstances of the person indicate agency, ratification - approval by the principal after the agent has performed an act, necessity. Person in control of another person property. Impossible to communicate with the owner of the property. Agent must act in good faith and the interests of the owner. Summary of negligence law: did the defendant owe the plaintiff a duty of care, foreseeability test. Was it predictable that the defendant"s conduct could injure or cause harm to the plaintiff: vulnerability and control test. Likelihood that harm would occur if care were not taken. The burden of taking precautions to avoid the risk of harm.
