1. Jody Blanke Professor of Computer Information Systems and Law
Agency
Jody Blanke
Professor of Computer Information Systems and Law

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

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

4. 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

5. 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