Agency and Contracts
AGENCY AND RESPONDEAT SUPERIOR
The common theme of these causes of action is that the “master,” or employer, may be liable for the acts of the “servant,” or employee. As will be discussed below, there are a number of factors that affect the liability exposure of these parties.
Agency is the relationship wherein one party (agent) is empowered to represent or act for another (principal) under the authority of the principal. According to the Restatement of Agency 2d, the definition of this relationship is as follows: “Agency is the fiduciary relation which results from the manifestation of consent by one person to another that the other shall act on his behalf and subject to his control, and consent by the other ...