A Party That Employs an Independent Contractor Is Called an Agent

Admin/ enero 17, 2022/ Sin categoría

(D) pay the agent before he performs his duties as an agency. A) A principal is not liable for the tort liability of an agent, and a representative is not liable for the tort liability of a principal. Kathy owns an apartment building on the outskirts of a densely populated city. It has become dilapidated. It would be more expensive to renovate the existing building than to demolish and rebuild it, so they commissioned the Big Boom Demolition Company to implode the building. Kathy, who knows nothing about demolitions, simply tells Big Boom that she wants the demolition completed by August 1. She will be on vacation in Japan at that time and will return on August 8. Mike, who has twenty-one years of demolition experience and is the director of Big Boom, has obtained the appropriate regulatory approvals and determined the explosive charges. On August 1, at the time permitted in the permit, the explosives explode. Although barriers were erected that kept the public away in all directions within a radius of half a mile, the debris dispersed over a radius of three-quarters of a mile, injuring several people. This was because Mike was using more dynamite than necessary. What is the relationship between the parties and who is responsible for the violations? A) so that the result in a contractual situation is the same as in an offence all the following obligations of the representative towards the client, except: B) only in agency contracts that expressly provide for compensation.

If a patient needs care in the hospital, an “estoppel agency” may occur. The crucial question is whether the patient turns to the hospital for treatment. Id. If a patient “. he looked exclusively at the hospital and relied on the hospital for his treatment and was treated by medical staff who were regulated and authorized by the hospital to provide medical services in its emergency room, and because these staff were put by the hospital in a position of apparent authority to act on behalf of the hospital, the hospital is prevented from denying any responsibility for the alleged negligence of its alleged agents. Admittedly, members of the public who, in those circumstances, use the emergency room of a hospital have the right to expect competent medical treatment from medical staff who, by conducting the hospital, which reasonably leads the public to believe that the medical treatment is provided by doctors acting on behalf of the hospital, is camouflaged with alleged authority. and not under their respective personal responsibility. Therefore, the hospital must be held liable for the negligence of its licensed emergency physician, whether or not it is an independent contractor, through secret restrictions contained in a private contract between the hospital and the physician, or due to any other business relationship unknown to the patient and contrary to the conduct and insurance of the hospital. “Id. at 282-283.

E) A client is never responsible for an agent`s crime. Another result occurred when a child was seen in a hospital emergency room by a Dr. Price, her own family doctor, and the hospital was just where she was treated by her own doctor. Weldon By and Through Weldon v. Seminole Mun. Hosp., 1985 OK 94, 709 P.2d 1058, 1059. In recognition of Smith`s theory that Respondeat Superior or `Agency by Estoppel` distinguished between the facts because it concluded in Smith.” Lack of an existing doctor-patient relationship. » Id.

at 1060. In Weldon, the patient`s family has “. had no reason to assume that Dr. Price was acting on behalf of the hospital. The Weldons did not turn to the hospital to provide medical care; On the contrary, the hospital simply provided its facilities so that Dr. Price, in the exercise of his own independent judgment, could take over the care. . The hospital was not the primary care provider.

This was in spite of the fact that Dr. Price had staff privileges, had set up a rent-free doctor`s office and house, free meals, and a laboratory. The hospital did not pay him and he charged his patients his fees. It was.” a case of the traditional independent contractor relationship between a doctor and a hospital. Id. at 1061. _____ The agency occurs when an agent operates for two or more different (2) principals in the same transaction. Bob sells real estate in Knoxville, Tennessee for a real estate sales company. One afternoon, he shows a client two houses in Knoxville, and the client tells Bob that there is a superb cabin for sale in Gatlinburg, about 40 miles from Knoxville.

Bob drops the client off in Knoxville and travels to Gatlinburg to check out this property because he wants to buy a place for his family to “escape” on the weekends. When he enters Gatlinburg, he accidentally hits and injures a pedestrian. To determine whether Bob`s employer can be held liable, a court will do the following: Which of the following statements generally applies to a principal`s liability for a representative`s tort and a representative`s liability for a principal`s tort? “In most jurisdictions, the superior response theory is not extended to a hospital if the physician is considered a private independent contractor.” Nelson, 916 P.2d to 1374 (f.n. 23). In der Rechtssache Smith v. St. Francis Hosp., Inc., 1983 OK CIV APP 58, 676 P.2d 279, the hospital disclaims any liability for the actions of a physician who was an independent contractor employed by a company that entered into a contract with the institution for the provision of emergency room staff. Id., p. 281.

“However, a careful examination of the terms of this contract reveals only an attempt by the hospital to deny responsibility for emergency care in its establishment, while retaining essentially the same, if not arguably greater, control over all doctors established in the hospital.” Id..

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