The Law of Agency. Introduction to principal-agent, employer-employee, and other representative relationships Rights & duties between the parties Liability of the employer or principal for acts of the employee or agent Some terminology Principal-agent
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Davis was a salaried outside salesman for Playtex in a 16-county area around Syracuse, NY. He sold directly to retail stores. He didn’t have an office, but worked from his home, and was on the road much of the time. He was required to use a car in performing his work. He regularly took work with him wherever he went—he had to in order to do the job. One Sunday morning he worked for a couple of hours at home, then left to drive to his girl friend Madeleine Reynolds’ home in another town, to have dinner and spend time with her. He also took work with him so that he could work on some of his account records while at her house.
On the way to his girl friend’s house, Davis was involved in a car wreck that was his fault (negligence). The other driver (Barnum) was killed, and the executor of his estate (Rappaport) sued Davis and his employer, Playtex. Davis was liable, of course, but was Playtex? That is, was Davis within the scope of his employment at the time?