Oklahoma PRINCIPAL AND AGENT OR EMPLOYER AND EMPLOYEE- BOTH PARTIES SUED- ISSUE AS TO RELATIONSHIP AND SCOPE OF AUTHORITY OR EMPLOYMENT- ACTS OF AGENT OR EMPLOYEE AS ACT OF PRINCIPAL OR EMPLOYER

• Category: Oklahoma Jury Instructions - Official - Civil - Respondent Superior
• State: Oklahoma
• Control #: OK-JURY-7-1-CV
• Format: Word

Description

PRINCIPAL AND AGENT OR EMPLOYER AND EMPLOYEE- BOTH PARTIES SUED- ISSUE AS TO RELATIONSHIP AND SCOPE OF AUTHORITY OR EMPLOYMENT- ACTS OF AGENT OR EMPLOYEE AS ACT OF PRINCIPAL OR EMPLOYER In Oklahoma, when a dispute arises between a principal and an agent, or between an employer and employee, both parties may be sued. The primary issue in such lawsuits is the determination of the relationship and scope of authority or employment, and whether the acts of the agent or employee were done as an act of the principal or employer. The primary types of principal and agent or employer and employee relationships recognized in Oklahoma are a general agency, special agency, master and servant, and independent contractor. In a general agency relationship, the agent has general authority to act on behalf of the principal within the scope of their duties. The agent is subject to the control and direction of the principal, and the acts of the agent are binding on the principal. In a special agency relationship, the agent is authorized to act on behalf of the principal only for a specific purpose. The scope of the agent's authority is limited to the specific purpose for which they were appointed. In a master and servant relationship, the employer has the right to direct and control the work of the employee. The employee is subject to the direction and control of the employer, and the acts of the employee are binding on the employer. In an independent contractor relationship, the contractor is an independent business entity and is not subject to the direction and control of the employer. The contractor is not an agent of the employer, and the acts of the contractor are not binding on the employer.

In Oklahoma, when a dispute arises between a principal and an agent, or between an employer and employee, both parties may be sued. The primary issue in such lawsuits is the determination of the relationship and scope of authority or employment, and whether the acts of the agent or employee were done as an act of the principal or employer. The primary types of principal and agent or employer and employee relationships recognized in Oklahoma are a general agency, special agency, master and servant, and independent contractor. In a general agency relationship, the agent has general authority to act on behalf of the principal within the scope of their duties. The agent is subject to the control and direction of the principal, and the acts of the agent are binding on the principal. In a special agency relationship, the agent is authorized to act on behalf of the principal only for a specific purpose. The scope of the agent's authority is limited to the specific purpose for which they were appointed. In a master and servant relationship, the employer has the right to direct and control the work of the employee. The employee is subject to the direction and control of the employer, and the acts of the employee are binding on the employer. In an independent contractor relationship, the contractor is an independent business entity and is not subject to the direction and control of the employer. The contractor is not an agent of the employer, and the acts of the contractor are not binding on the employer.