Tort Negligence Liability For Principals And Agents In Arizona
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LEGAL PRINCIPLE: The master/principal is liable for all acts done by his daily appointed servant/agent for all acts done by him lawfully in the course of his employment.
Principal's liability for acts of agent A principal is normally liable for all acts of an agent within the agent's authority, whether responsibility arises in contract or in tort. Authority means the agent's actual, apparent (ostensible) or usual (customary) authority.
A person is always liable for her own torts, so an agent who commits a tort is liable; if the tort was in the scope of employment the principal is liable too. Unless the principal put the agent up to committing the tort, the agent will have to reimburse the principal.
This is especially true if the third party is made aware of the agent's authority limitations. In this situation, the third party may still attempt to sue the principal for any damages caused. However, the principal can then turn around and sue the agent to recover any damages caused.
A principal is obliged to render accounts of monies due to agents; a principal's obligation to do so depends on a variety of factors, including the degree of independence of the agent, the method of compensation, and the customs of the particular business.
(ii) Principal is not responsible for the acts of the sub agent towards third person. (iii) The original agent is responsible for the act of the sub agent both to the principal and to third person. Sub-Agent has been defined u/s 191 where as substituted agent has been defined u/s S. 194.
A principal is vicariously liable for the tort of his agent committed within the course of his authority.
Arizona follows the comparative negligence rule, which means that even if you were partially at fault for the accident, you may still be eligible to recover compensation.
Most civil lawsuits for injuries allege the wrongdoer was negligent. To win in a negligence lawsuit, the victim must establish 4 elements: (1) the wrongdoer owed a duty to the victim, (2) the wrongdoer breached the duty, (3) the breach caused the injury (4) the victim suffered damages.
A negligence claim requires that the person bringing the claim (the plaintiff) establish four distinct elements: duty of care, breach, causation, and damages.
