Agent or Employee
In my analysis Robert was an agent. An agent is a party who agrees to act on behalf
of another. Agency relationships are formed when a principal (employer) and the agent
(person acting on the principals behalf) agree on a working arrangement in which the agent acts on the behalf of the principal. The Agency is governed by a large body of common law known as agency law (Cheeseman, 2010). In this scenario the local electronic superstore is the principal and Robert is the agent doing the delivering. The principal-agent relationship is formed when an employer hires an employee and gives that employee authority to act and enter into contracts on his or her behalf. The extent of this authority is governed by any express agreement between the parties and implied from the circumstances of the agency (Cheeseman, 2010). The criteria for the principal-agent relationship have been met. Robert being the delivery guy can act on behalf of the electronic store. Frolic is the act of an agent going off on personal business not related to the business of the principal. Detour occurs when the agent travels so far from his or her assigned duties that it is not reasonable to expect the principal to know of the detour. Frolic and detour is a situation in which an agent does something during the course of his or her employment to further his or her own interests rather than the principal’s (Cheeseman, 2010). Robert was on a frolic and detour at the time of the accident. He was going by his house to get lunch. Robert was doing something during the delivery to further his own interest rather than the electronic store’s interest. This was a personal errand. Negligence actions stemming from frolic and detour are examined on a case-by-case basis. Agents are always personally liable for their tortious conduct in such situations. Principals are generally relieved of liability if the agent’s frolic and detour is substantial. If the deviation is minor, the
of another. Agency relationships are formed when a principal (employer) and the agent
(person acting on the principals behalf) agree on a working arrangement in which the agent acts on the behalf of the principal. The Agency is governed by a large body of common law known as agency law (Cheeseman, 2010). In this scenario the local electronic superstore is the principal and Robert is the agent doing the delivering. The principal-agent relationship is formed when an employer hires an employee and gives that employee authority to act and enter into contracts on his or her behalf. The extent of this authority is governed by any express agreement between the parties and implied from the circumstances of the agency (Cheeseman, 2010). The criteria for the principal-agent relationship have been met. Robert being the delivery guy can act on behalf of the electronic store. Frolic is the act of an agent going off on personal business not related to the business of the principal. Detour occurs when the agent travels so far from his or her assigned duties that it is not reasonable to expect the principal to know of the detour. Frolic and detour is a situation in which an agent does something during the course of his or her employment to further his or her own interests rather than the principal’s (Cheeseman, 2010). Robert was on a frolic and detour at the time of the accident. He was going by his house to get lunch. Robert was doing something during the delivery to further his own interest rather than the electronic store’s interest. This was a personal errand. Negligence actions stemming from frolic and detour are examined on a case-by-case basis. Agents are always personally liable for their tortious conduct in such situations. Principals are generally relieved of liability if the agent’s frolic and detour is substantial. If the deviation is minor, the