Agency Jody Blanke Professor of Computer Information Systems and Law

Formation of Agency Relationships  By Agreement Written Oral Implied by conduct  Without Agreement Agency by ratification Agency by estoppel

Agent’s Ability to Bind the Principal to Contracts  Actual Authority Express Implied  Apparent Authority  Ratification

Employee v. Independent Contractor  How much control is exercised by the employer Hours of work Place of work Equipment used Degree of skill Similarity to business of employer Duration of work Frequency of pay

Vicarious Liability  The employer may be held liable for the acts of an employee  Respondeat superior “let the master answer” Principal (employer) is responsible for the acts of its agent (employee)  Scope of employment “detour” – slight deviation from employer’s interests “frolic” – does not serve employer’s interests