Académique Documents
Professionnel Documents
Culture Documents
pp. 542-554
Liability of Principal for tort of agent
Gen. Rule: The principal is civilly liable
to third persons for torts of an agent
committed at the principals direction or
in the course and within the scope of the
agents employment.
-whether the tort is committed willfully
or negligently has no effect on the extent
or degree of the principals liability.
-Basis: principle that he who does an act
through another does it himself
-The agent, to be sure, is also liable with
the principal and their liability shall ne
solidary.
Business Hazard Theory- advances
the argument that it is thought that the
hazards of business should be borne by
the business directly; it is reasoned that
if the cost then is added to the expense
of doing business, it will ultimately be
borne by the consumer of the product;
that the consumer should pay the costs
which the hazards of the business have
incurred
Motivation-Deviation Test1. Satisfactory evidence that the
employee in doing the act, in the
doing of which the tort was
committed, was motivated in
part, at least, by a desire to serve
his employer.
2. Satisfactory evidence that the act,
in the doing which the tort was