contractual agreement
Option 1
Opinion: The tort happened when the local boy was at work. Therefore, the real estate agent is liable to the damage caused to the neighbor’s collection of lawn gnomes. The agency law expects loyalty, obedience, and reasonable care between the principal and the agent. The agent should act in the best interest of the principal and vice versa. The local boys and the real estate agent have entered a form of contractual agreement, making the boys employees of the agent. Under the employment law, employees are usually held liable to the mistakes made by the employees while on duty.
The agent is liable under the vicarious liability, which is under the doctrine of respondeat superior for the negligence of their employees. However, there is an instance when the employee and employer are liable to the mistake. Joint liability occurs when the employer can prove to have made efforts to prevent the actions of the employee. Also, it occurs when the offenses are intentional, such as bullying and harassment. Personal liability occurs when negligence is on the employee’s side, and he could have prevented it. Therefore, in this case, personal liability nor joint liability does not apply; the agent and not the local boy is responsible for th liability. This is because the accident occurred while the boy was on duty. Moreover, there is no evidence that the agency tested the lawn machine to ensure its efficiency. It could have gotten a mechanical breakdown that the boy could not control. Also, there is no evidence that the boys were trained on how to effectively use the lawnmowers. Therefore, the agent is answerable to the law and not the boy.
The agent is liable under the vicarious liability, which is under the doctrine of respondeat superior for the negligence of their employees. However, there is an instance when the employee and employer are liable to the mistake. Joint liability occurs when the employer can prove to have made efforts to prevent the actions of the employee. Also, it occurs when the offenses are intentional, such as bullying and harassment. Personal liability occurs when negligence is on the employee’s side, and he could have prevented it. Therefore, in this case, personal liability nor joint liability does not apply; the agent and not the local boy is responsible for th liability. This is because the accident occurred while the boy was on duty. Moreover, there is no evidence that the agency tested the lawn machine to ensure its efficiency. It could have gotten a mechanical breakdown that the boy could not control. Also, there is no evidence that the boys were trained on how to effectively use the lawnmowers. Therefore, the agent is answerable to the law and not the boy.
References
FindLaw. (n.d). An Employer’s Liability for Employee’s Acts. Retrieved from https://smallbusiness.findlaw.com/liability-and-insurance/an-employer-s-liability-for-employee-s-acts.html
UpCounsel. (n.d). Definition of Agency Law: Everything You Need to Know. Retrieved from https://www.upcounsel.com/definition-of-agency-law