Agency Commons^™

Product Liability: The Potential Liability Of The Advertising Agency, Stephen J. Werber, William L. Trombetta

Cleveland State Law Review

In the typical products liability action, there is generally a solvent manufacturer or seller from whom the injured party may recover. One could speculate that this is the major reason why no agency has ever been joined -but should not the agency be called to account where there is no other solvent defendant, or where other reasons prevent an effective action against the principals, or where justice demands a proper sharing of liability? The authors believe that this must be answered affirmatively, and that the potential for advertising agency liability does in fact exist.

Some Regulatory Implications Of Technology Assessment, Michael S. Baram

Faculty Scholarship

To conclude this wide-ranging panel discussion, I want to briefly address two aspects of regulation which have been troublesome, and for which Technology Assessment may be particularly useful.

The first aspect, which relates to radiation and other hazardous substances in general, is the increasingly important regulatory function of forcing the development and application of appropriate control technologies on industry-normally, the development and application of devices and techniques to protect public and worker health and safety. The question becomes: Is the regulatory program appropriately forcing and guiding necessary advances in control techniques and their timely use?

Agency And Licensing Problems In Reforming Group Credit Insurance Contacts, William G. Reed

North Carolina Central Law Review

No abstract provided.

The Assigned Risk In Texas: The Questions Of Agency And Absolute Liability., Timothy Tynan Griesenbeck Jr.

St. Mary's Law Journal

Texas’ Assigned Risk Plan provides motor vehicle liability coverage to high-risk drivers who can’t obtain private insurance. However, there are two unresolved questions concerning assigned risk in Texas. The first is whether an independent insurance broker who drafts a policy for a high-risk driver is the agent of the insured or of the insurer. Several jurisdictions have determined that the assigned risk broker is the agent of the insured, and Texas should follow suit. Generally, the driver contacts a broker to file an application under the Plan with the state. The insurer assigned to the case must issue a policy …

The Controlling Persons Provisions: Conduits Of Secondary Liability Under Federal Securities Law, Kenneth I. Levin

Villanova Law Review (1956 - )

No abstract provided.

Simulation And Role Playing In Administrative Law, Michael Botein

Articles & Chapters

No abstract provided.

When An Employee Is Loaned, Both The General And Special Employers Are Liable For The Tortious Acts Of That Employee On The Basis Of The Public Policy Which Places Liability On The Employing Persons Or Firms Which Can Best Insure Against The Risk, Guard Against It, And Which Can Most Accurately Predict The Cost Of The Risk And Allocate Such Cost Directly To The Consumer., James A. Childress

St. Mary's Law Journal

Abstract Forthcoming.

Negligence Of A General Agent Is Not Imputed To The Principal So As To Bar Recovery On Principal's Action For Damages Sustained By The Concurrent Negligence Of His Special Agent., John S. Reagan

St. Mary's Law Journal

Abstract Forthcoming.

Vicarious Liability Of An Employer For An Assault By His Servant: A Survey Of Texas Cases Reexamining The Rule Of Force., Charles E. Cantu

St. Mary's Law Journal

Abstract Forthcoming.

A Covenant Constitutes A Complete Exoneration Of Employee And Removes Any Foundation Upon Which To Impute Negligence To Employer., Cynthia Hollingsworth Cox

St. Mary's Law Journal

Abstract Forthcoming.

Corporate Responsibility And The Employee's Duty Of Loyalty And Obedience: A Preliminary Inquiry, Phillip Blumberg

Faculty Articles and Papers

No abstract provided.

Binding The Insurer-Apparent Authority And Estoppel In Virginia

Washington and Lee Law Review

No abstract provided.

Liability Of Broker-Dealers For The Fraudulent Acts Of Their Salesmen Under The Securities Act Of 1933 - Johns Hopkins University V. Hutton

Maryland Law Review

No abstract provided.

Agency And Insurance: Should The Defense Of Fraud By Its Own Agent Be Available To An Insurance Company Issuing Automobile Insurance?, J. Dennis Hynes

Publications

No abstract provided.

Agency, Dudley Warner Woodbridge

Virginia Bar Notes

No abstract provided.

Agency (1959-1967), Dudley Warner Woodbridge

Virginia Bar Notes

No abstract provided.

Agency Relationship--Creditors' Group Life Insurance Policy, Peter Thomas Denny, Martin Joseph Glasser, John Charles Lobert

West Virginia Law Review

No abstract provided.

Agency--Recovery In Tort Under The Theory Of Apparent Authority Or Agency By Estoppel, Robert Brand Stone

West Virginia Law Review

No abstract provided.

Banks And Banking-Bank's Liability For Breach Of Its Duty To Corporate Depositor-Maley V. East Side Bank Of Chicago, Michigan Law Review

Michigan Law Review

The three stockholders of a close corporation contracted to sell all of the corporate stock to Shulman for $5,000 down and a balance of $17,000 in two notes payable in thirty days. A resolution filed with the defendant depositary bank provided that Paul, the former president, was to act as the interim treasurer for the corporation and was to cosign, with Shulman, all checks drawn on the corporate account until the balance of the purchase price was tendered. Approximately one week after the agreement was made, the bank received an inordinate number of inquiries regarding the credit of the corporation, …

Limitations On Contract Termination Rights—Franchise Cancellations, Ernest Gellhorn

Faculty Scholarship

No abstract provided.

Removal Of The Corporate Director During His Term Of Office, Arthur H. Travers Jr.

Publications

The traditional rules governing the removal of corporate directors have evolved so as to insulate the board of directors from the shareholders who elect them. Professor Travers in his article examines initially the interests being advanced by protecting the board members from removal by their electorate. He then critically analyzes the law as it relates to these interests in order to suggest a more rational approach.

Administrative Law--Judicial Review Under West Virginia Administrative Procedure Act Not Applicable To Agency Actions Relating Solely To Internal Management, Paul Robert Rice

West Virginia Law Review

No abstract provided.

Standing To Appeal Zoning Determinations: The "Aggrieved Person" Requirement, Alfred V. Boerner

Michigan Law Review

During the twentieth century the states have increasingly utilized their police power to control the use of land. All fifty states have now enacted zoning enabling legislation, much of which is based in whole or in part on the Standard State Zoning Enabling Act. Typically, these zoning acts, like the Standard Act, empower municipalities to promulgate land use regulations by dividing the municipality "into districts of such number, shape, and area as may be deemed best suited to carry out the purposes of this act ..." Most zoning acts specify that "all such regulations shall be uniform for each class …

Scope Of Employment: Driving Home In Company Vehicles - Phillips V. Cook

Maryland Law Review

No abstract provided.

Agency -- 1964 Tennessee Survey, John S. Beasley

Vanderbilt Law Review

During the period covered by this Survey several cases have raised rather interesting points for consideration under the law of agency. On one occasion the Tennessee Supreme Court declined the opportunity of joining the ranks of the majority of states in moving toward a more modern rule on employer's liability with respect to an employee's child injured negligently by the employee. In this and other decisions, the courts have followed Tennessee precedent rather closely, with the result that there are few changes in the law of agency.

Agency--1963 Tennessee Law, John S. Beasley, Ii

Vanderbilt Law Review

The Union Carbide and Ferguson cases were suits to recover Tennessee sales taxes and use taxes paid under protest for 1956 and 1958. Carbide and Ferguson urged that since they were under contract to the Atomic Energy Commission, the legal incidence of the tax was on the United States directly and therefore invalid. Carbide had been secured in 1943 to manage and operate certain plants involved in work on the atomic bomb, and Ferguson had subsequently been engaged to build additional facilities for this purpose. Both contended that their relationship with the United States and the Atomic Energy Commission was …

Charitable Liability For Tort, Edith L. Fisch

Villanova Law Review (1956 - )

No abstract provided.

Surgeons' Liability And The Concept Of Control, Michael B. Kean

Villanova Law Review (1956 - )

No abstract provided.

Agency -- 1962 Tennessee Survey, Edwin R. Render

Vanderbilt Law Review

Two cases decided during the survey period dealt with the existence or nonexistence of the agency relationship. While the agency relationship frequently arises out of contract, a contract is not necessary to the creation of authority in the agent. Consent of the principal is the basis of the agent's authority. Generally, the existence or non-existence of the agency relationship is a question of fact for the jury; but in the two cases to be discussed, Tennessee appellate courts reversed jury verdicts on the ground that there was no competent evidence in the record to support their findings... The other two …

Liability Of Principal For Automobile Accident Of Agent On Personal Business - Mider V. United States, David H. Clark

Maryland Law Review

No abstract provided.