US- NY Bar Exam-纽约律考各科完整笔记 CLS outline (2007).doc

BARBRI NEW YORK BAR REVIEW MASTER OUTLINE
AGENCY & PARTNERSHIP
CONFLICT OF LAWS
CONSTITUTIONAL LAW
CONTRACT LAW – INCLUDING SALES AND EQUITY
CORPORATIONS
CRIMINAL LAW
CRIMINAL PROCEDURE LAW
DOMESTIC RELATIONS
EVIDENCE
FEDERAL JURISDICTION
NEW YORK ESSAY WRITING WORKSHOP SERIES
NEW YORK PRACTICE
NEW YORK PROFESSIONAL RESPONSIBILITY
PROPERTY LAW – INCLUDING FREEHOLD INTERESTS AND MORTGAGES
SECURED TRANSACTIONS / COMMERCIAL PAPER
TORTS – INCLUDING PERSONAL PROPERTY, NO FAULT INSURANCE, WORKER’PENSATION, AND EQUITY
TRUSTS
WILLS AND ESTATE TAXES
BARBRI NEW YORK BAR REVIEW OUTLINE
AGENCY & PARTNERSHIP (JUNE 7, 2007)
- will see in essay
Agency
Three Major Agency Problems (tested)
Liability of Principal to Third-Parties for Torts of an Agent
Liability of Principal to Third-Parties for Contracts Entered by an Agent
Duties Which Agents Owe to Principals
Liability of Principal for Torts of Agent – Respondeat Superior or Vicarious Liability
Issue
Whether the principal will be vicariously liable for mitted by agent
Two-Part Test
Principal will be liable for mitted by agent if:
A principal-agent relationship exists, and
The tort mitted by the agent within the scope of that relationship
The Principal-Agent Relationship
Principal-agent relationship requires:
Assent
Means an informal agreement between the principal, who has capacity, and the agent – consensual voluntary agreement
Benefit
The agent’s conduct must be for the principal’s benefits
and Control
The most important
The principal must have the right to control the agent by having the power to supervise the manner of the agent’s performance
Sub-agents:
Context: The agent will go out and find a sub-agent. The sub-agent es the tortfeasor.
There can be no vicarious liability for a sub-agent’s tort unless there is assent, benefit and the right to control that sub-agent tortfeasor
Usually no assent will be found in the fact pattern of the question.
Borrowed agents:
One principal