..., Prosser Keeton on Torts § 70, at 502 (5th ed. 1984). The Second Restatement of Agency has identified three general criteria in determining whether an employee's acts are within the scope of employment...different in kind from that authorized, far beyond the authorized time or space limits, or too little actuated by a purpose to serve the master.' (Restatement (Second) of Agency § 228 (1958.... Pyne, 129 Ill. 2d at 360; see Restatement (Second) of Agency § 228, Comment a, at 505 (1958) ("Sections 229-236 state the circumstances which...

...; Henry v Allen, 151 N.Y. 1, 9; see, Restatement [Second] of Agency § 272, at 591). Underlying the rule is the presumption that an...; Henry v Allen, supra, at pp 9-10; see, Marine Midland Bank v Russo Produce Co., supra, at pp 43-44; Restatement [Second] of Agency § 282 [1], at 611; 2 Mechem, Agency § 815, at 1399-1402 [2d...(see, Farr v Newman, 14 N.Y.2d 183, 190-191, supra; Henry v Allen, supra, at p 11; Restatement [Second] of Agency § 282 [1...

.... See DeWitt v. Harris County, 904 S.W.2d 650, 654 (Tex. 1995); RESTATEMENT (SECOND) OF AGENCY § 219 (1958). The most frequently proffered justification for imposing...-86 (Tex. 1964); RESTATEMENT (SECOND) OF AGENCY § 220, cmt. d. Because an independent contractor has sole control over the means and methods of the work to be accomplished, however, the individual or...reliance and resulting harm. See Ames v. Great S. Bank, 672 S.W.2d 447, 450 (Tex. 1984); RESTATEMENT (SECOND) OF AGENCY § 267; KEETON ET...

...communications and contacts between the principal and the agent. See generally Restatement (Second) of Agency § 26 (1958). In describing an actual agency, the Iowa Supreme Court has stated...effect the principal's conduct or communications has on a third party. Restatement (Second) of Agency § 27 (1958); 3 Am.Jur.2d Agency 79 (1986.... Standard Oil Co. v. Lyons, 130 F.2d 965, 968 (8th Cir. 1942) (citing Restatement (Second) of Agency § 27). Although a principal may by special...

...as recognized by Section 393 of the Restatement (Second) of Agency. I. Facts and Procedural History Appellee EBI is in...that the employer may bring a claim for a breach of this duty, Hawaii courts have recognized the authoritative nature of the Restatement (Second) of Agency. See...concerning the subject matter of his agency." Restatement (Second) of Agency § 393. This duty extends to employees. See Restatement (Second) of Agency § 429 cmt. a. Although an employee "is...

...Aver Montoya. The court of appeals held that "[g]iven the circumstances of this case and existing Colorado case law, we adopt Restatement (Second) of Agency § 261 as reflecting Colorado law and conclude...that the trial court did not err in applying it here." Montoya, 883 P.2d at 488-89. We agree that Restatement (Second) of Agency provides...affirm. We granted certiorari to review "[w]hether the court of appeals erred in adopting the Restatement (Second) of Agency § 261...

...the Restatement (Second) of Agency, Gross and Frank owed a duty to warn Iseberg of Slavin's threats. Plaintiffs also advance a second argument. Plaintiffs contend that decisions of...been dismissed because this case fits within an exception to the no-affirmative-duty rule. Specifically, plaintiffs rely on section 471 of the Restatement (Second) of Agency (Restatement (Second) of Agency § 471...Restatement (Second) of Agency, although our appellate court has. See MacDonald v. Hinton, 361 Ill. App. 3d 378 (2005); Petersen v. U.S...

...contractor is a legal issue frequently litigated in a variety of contexts. The Restatement (Second) of Agency § 2(2) defines a "servant" as an agent "whose physical conduct in the performance of the...ten non-inclusive "matters of fact" to be considered. Restatement (Second) of Agency § 220(2). The Missouri appellate courts apply these standards...standard, the Supreme Court has likewise adopted a multifactor common law test derived primarily from § 220(2) of the Restatement. See Ernster v...

...(see, e.g., Cornell v. State of New York, 46 N.Y.2d 1032; see, Restatement [Second] of Agency § 288 [1] comment [c], [2]), especially if the tortious acts are serious in nature...(see, Restatement [Second] of Agency § 231 comment a). The plaintiff presented no evidence to support its second cause of action that the defendant Fram had any knowledge of...Supreme Court of New York, Second Department. March 31, 1986 Appeal from the Supreme Court, Suffolk County (Dunn, J...

...); Potter Title and Trust Company v. Knox, 381 Pa. 202, 113 A.2d 549 (1955); Restatement (Second) of Agency § 219. This liability of the..., 172 A. 136 (1934); McMillen v. Steele, 275 Pa. 584, 119 A. 721 (1923); Restatement (Second) of Agency § 231. Whether.... The Restatement (Second) of Agency, § 228, defines conduct within the scope of employment as follows: "(1) Conduct of a servant is within the scope...

...." We cited the same section from the earlier edition of the Restatement of Agency with approval in Middleton v. Frances, supra. Further, the Restatement (Second) of...relationship did exist and must act in reliance upon that belief. Restatement (second) of Agency § 267 (1958), cited in the majority...(Second) of Agency § 267 (1958): "One who represents that another is his servant or other agent and thereby causes a third person justifiably to rely upon the...

...be determined by reference to common-law principles. The Court in Baker referred to sections of the Restatement (Second) of Agency dealing...be serving as the borrowed servant of the railroad at the time of his injury. See Restatement (Second) of Agency § 227; Linstead v...railroad. But a finding of agency is not tantamount to a finding of a master-servant relationship. See Restatement (Second) of Agency § 2. The finding that the railroad was "responsible" for the unloading...

...acceptance of the undertaking"; and (3) "the understanding of the parties that the principal is to be in control of the undertaking." Id. at 385; see also Restatement (Second) of Agency § 1...Camp, Inc., 522 F.2d 369, 375-76 (2d Cir. 1975). The parties agree that the first two elements of agency are satisfied by the Agreement. Thus, only control is at issue. It is clear that "the right of control by the principal may be exercised by prescribing what the agent shall or shall not do before the agent acts, or at the time when he acts, or at both times." Restatement (Second) of.... United States Court of Appeals, Second Circuit. Argued: March 15, 2006. Decided: May 15, 2006...

...this case, we adopt the theory of apparent and ostensible agency formulated in the Restatement (Second) of Torts section 429 (1965). We then conclude that there are genuine issues of material fact in dispute as to the existence of an apparent or ostensible agency relationship...' Liability for Physicians' Malpractice, 64 Neb. L. Rev. 689, 696 (1985). The distinction, if any, is that agency by estoppel requires both reliance and a change in position. Restatement (Second) of Agency § 8...conduct is subject to the right to control by the master. See Keeton, Torts § 70; Seavey, Agency § 84; Restatement (Second) of Agency § 2(2) (1958). It is the employer's right to control that...

...superior liability are set out in § 220(2) of the Restatement (Second) of Agency. Lee v. Pulitzer Pub. Co., 81 S.W.3d 625, 631 (Mo.Ct.App...details of the work," Restatement (Second) of Agency § 220(2)(a), and the Missouri Supreme Court has frequently emphasized the importance of the "right to control the conduct of another in the...and skill in accomplishing results." Restatement (Second) of Agency § 220, comment (e); see also Skidmore v. Haggard, 341 Mo. 837, 845...

...., 393 Mass. 640, 645 (1985), citing Restatement (Second) of Agency § 1 (1958); Restatement (Second) of Agency, supra at §§ 14, 15 comments a, b. See also.... Co., 393 Mass. 640, 645 (1985), quoting Restatement (Second) of Agency § 1 (1958). Other courts have held that an agency relationship...acting with the actual or apparent authority of the principal in that transaction. See Restatement (Second) of Agency §§ 7, 8 (1958). Mack would be liable for nonwarranty work performed on Theos's truck...

..., 66 (Ind.Ct.App. 1998), transfer denied; see Restatement (Second) of Agency §§ 7, 33 (1958). Apparent authority refers to a third party's reasonable belief that the principal has....'" Koval, 693 N.E.2d at 1304 (Ind. 1998) (quoting Restatement (Second) of Agency § 8A (1958)) (omission in original) (emphasis added...are central for defining apparent authority," the concept of inherent authority differs and "originates from the customary authority of a person in the particular type of agency relationship so that no representations beyond the fact of the existence of the agency need be shown." Cange v. Stotler Co., 826 F.2d 581, 591 (7th Cir. 1987) (citing Restatement (Second) of...

...protected from personal liability for making a contract where acting within his authority to bind the principal. Restatement (Second) of Agency, Section 328 (1958). These rules have...nothing whatsoever to do with personal liability in tort for misfeasance or nonfeasance (Restatement (Second) of Agency, Section 343, et seq.), including liability for negligence...line with black letter, hornbook law as quoted above from the Restatement (Second) of Agency, is squarely in point. It holds that the agent of a corporation, albeit a principal shareholder and...

...obligations of agency: loyalty and obedience." Restatement (Second) of Agency § 14N, Comment a, at 80 (1958). Nonetheless, this case does not involve an attorney's duty to a client, but rather an...prevent the client from being liable for his conduct." Restatement (Second) of Agency § 253, Comment a (1958...committed within the scope of the agency (see Restatement (Second) of Agency § 216, Comment a (1958); accord Peddinghaus v. Peddinghaus...

...Court has adopted the RESTATEMENT (SECOND) OF AGENCY to evaluate employee-employer relationships. See Harger v. Structural Servs., Inc., 1996-NMSC-018..., 121 N.M. 657, 661, 916 P.2d 1324, 1328. RESTATEMENT (SECOND) OF AGENCY: TORTS OF SERVANTS § 220(1) (1958) provides that "[a...v. Minn. Harbor Serv., Inc., 211 F.Supp. 521, 528 (D.C.Minn. 1962) (holding that worker from temporary agency may not sue ultimate employer if it had a right to control the details of the work...