For Your Data Thayer V. Pacific Electrical Railway Illustration Brief Summary

Thayer  v. Pacific Electric Railway

Facts: ∏’s goods are damaged on ∆’s RR. ∏ sued for damages to its freight, acre ∆ claimed that the annotation on the freight neb referencing harm could non survive construed every 2d the required written claim b/c it was made past times agent for ∆.

 

Holding: ∆’s station agent became shipper’s (∏) agent. 

 

·         Even though agent employed past times ∆ RR, he became ∏’s agent for role of noting on the freight neb that plaintiff intended to claim damages.

·         Rule: The being of an way is a enquiry of fact, which may survive implied from the behaviour of the parties.

o       Agent tin move bargain amongst other political party if such dealing is non inconsistent amongst his duties to his principal. Rstmt 391, Comments B as well as D.

 

§         Ex: Real Estate Agent acts on behalf of both buyer as well as seller when buying home.

 

Ambiguous Principal Problem – Have A, non clear who P is.

o       This occupation often arises inwards grouping insurance context, where an employer contracts for as well as administers a grouping policy for its EEs. The employer makes a fault inwards administering a policy or gives bad advice to an EE, resulting inwards loss to the EE. The number of who bears the loss turns on the way condition of employer, who appears to survive acting on behalf of both the EE & the insurance company.

Share this post