Agency, authority and vicarious liability — Flashcards

Agency, authority and vicarious liability Bar Exam Flashcards - Medical Study Cards

Master Agency, authority and vicarious liability with Oncourse flashcards. These spaced repetition flashcards are designed for medical students preparing for NEET PG, USMLE Step 1, USMLE Step 2, MBBS exams, and other medical licensing examinations.

Agency, authority and vicarious liability Flashcard Deck - 10 Cards

Flashcard 1: How do an employee’s frolic and detour affect the employer’s vicarious liability?

Answer: A minor deviation from employment, or detour, generally remains within the scope of employment, while a substantial abandonment for personal purposes, or frolic, generally falls outside it. The issue is determined by the nature, extent, and duration of the deviation.

Flashcard 2: What facts establish actual authority in an agent?

Answer: Actual authority exists when the principal’s manifestations cause the agent reasonably to believe the agent is authorized to act for the principal. It may be express or implied, including authority to perform acts reasonably necessary to accomplish an expressly authorized task.

Flashcard 3: What is the principal’s liability for an agent’s intentional tort committed within the scope of employment?

Answer: The principal is liable when the employee’s intentional tort is motivated, at least in part, by a purpose to serve the employer, including acts intended to further the employer’s interests or arising from employment-related friction. Purely personal acts generally fall outside the scope, though the employer may still be directly negligent.

Flashcard 4: When is an agent personally liable on a contract made for a principal?

Answer: An agent is generally not liable on a disclosed principal’s authorized contract, but may be liable if the principal is undisclosed or partially disclosed, the agent lacked authority, or the agent agreed to be liable. A principal is bound when the agent acted with actual or apparent authority or the principal ratified the agreement.

Flashcard 5: When does an agent have apparent authority to bind the principal?

Answer: Apparent authority exists when the principal’s manifestations to a third party reasonably cause the third party to believe the agent is authorized, and the third party reasonably relies on that belief. The agent’s own statements alone generally cannot create apparent authority.

Flashcard 6: When is a principal vicariously liable for an employee’s tort?

Answer: Under respondeat superior, a principal is vicariously liable for an employee’s tort committed within the scope of employment. The employee’s conduct must generally be of the kind the employee was hired to perform, occur substantially within authorized time and space limits, and be motivated at least partly by a purpose to serve the employer.

Flashcard 7: What is the effect of an agent’s unauthorized act when the principal later ratifies it?

Answer: Ratification occurs when the principal, with knowledge of material facts, affirms or accepts the benefits of an unauthorized act, thereby treating it as authorized from the outset. The principal must ratify the entire transaction and have capacity and authority to do so.

Flashcard 8: What is an agency relationship, and what elements are required to create one?

Answer: Agency is a fiduciary relationship in which an agent acts on behalf of and subject to the principal’s control, and the agent manifests assent or otherwise consents. No particular words or formalities are required unless a statute demands them.

Flashcard 9: Is a principal vicariously liable for an independent contractor’s torts?

Answer: Under the majority rule, a principal is generally not vicariously liable for an independent contractor’s torts because the principal lacks the requisite control over the manner of work. Exceptions include inherently dangerous or nondelegable activities, negligent selection, and liability imposed by statute.

Flashcard 10: What are an agent’s core fiduciary duties to the principal?

Answer: Under the majority and Restatement rules, the agent owes duties of loyalty, care, competence, obedience, good conduct, confidentiality, and accounting, including a duty to avoid conflicts and improper profits. The agent must act within the scope of authority and in the principal’s best interests.

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Creating agency and the agent's authority

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Agent's fiduciary duties and contract liability

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Vicarious liability of the principal

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About Agency, authority and vicarious liability Flashcards for Bar Exam

These Agency, authority and vicarious liability flashcards are designed for Bar Exam Business Associations and Relationships preparation, using active recall to help you retain high-yield concepts, clinical correlations, and commonly tested facts. Each card prompts you to retrieve information from memory rather than passively reviewing notes, which research shows leads to significantly better exam performance.

The 10 cards in this deck cover the most important topics in Agency, authority and vicarious liability, including key mechanisms, diagnostic criteria, treatment protocols, and clinical pearls that frequently appear in Bar Exam examinations. Cards are organised by chapter so you can focus on specific areas or work through the entire topic systematically.

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Frequently Asked Questions

Are Agency, authority and vicarious liability flashcards free on Oncourse?

Yes, completely free. You can study all 10 Agency, authority and vicarious liability flashcards on this page at no cost. For spaced repetition scheduling and progress tracking, download the Oncourse app.

How do flashcards help with Bar Exam preparation?

Flashcards use active recall — instead of passively re-reading notes, you retrieve information from memory. Research shows this builds stronger, longer-lasting memories and is one of the most effective study strategies for medical exams like Bar Exam.

How many Agency, authority and vicarious liability flashcards are available?

There are currently 10 flashcards for Agency, authority and vicarious liability under Business Associations and Relationships, organised by chapter. New cards are added regularly to cover the latest Bar Exam syllabus.

Can I study Agency, authority and vicarious liability flashcards by chapter?

Yes. The flashcards are organised by chapter so you can focus on specific areas or work through the entire topic systematically. Scroll down to the "Study by Chapter" section to pick a chapter.

What topics do these Business Associations and Relationships flashcards cover?

The cards cover high-yield concepts, clinical correlations, diagnostic criteria, treatment protocols, and commonly tested facts from Agency, authority and vicarious liability. They mirror the depth and style of Bar Exam questions.

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