In Oklahoma, a principal-agent relationship or employer-employee relationship exists when there is a mutual understanding that one party (the principal or employer) will direct and control the actions of another party (the agent or employee). If a principal or employer is sued and there is no issue as to the relationship, then the acts of the agent or employee will be considered as the acts of the principal or employer. Oklahoma's law recognizes two primary types of principal-agent relationships: that of a general agent and that of a special agent. A general agent is one who is authorized to act on the behalf of the principal in all matters regarding the business of the principal. A special agent is one who is authorized to act on the behalf of the principal in specific matters or transactions only. In cases where the principal or employer is sued and there is no issue as to the relationship, the acts of the agent or employee will be considered as the acts of the principal or employer. This means that the principal or employer may be held liable for any acts of wrongful conduct or negligence committed by the agent or employee. The principal or employer is also responsible for any contractual obligations which the agent or employee may enter into on behalf of the principal or employer.
Oklahoma PRINCIPAL AND AGENT OR EMPLOYER AND EMPLOYEE- ONLY PRINCIPAL OR EMPLOYER SUED- NO ISSUE AS TO RELATIONSHIP- ACTS OF AGENT OR EMPLOYEE AS ACTS OF PRINCIPAL OR EMPLOYER
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Employers are vicariously liable under the doctrine of "respondeat superior" for the negligent acts or omissions by their employees in the course of employment. The key phrase is "in the course of employment".
A principal or employer is liable for the torts caused or contracts formed by an agent and/or employee acting within the scope of the agency or employment. Application of this rule determines whether a principal or employer is liable to any third party, such as a customer, for the actions of an agent.
The legal term for vicarious liability is respondeat superior. In Latin, 'respondeat superior' translates to ?that the master must answer.? It is a legal doctrine stating that a principal is legally responsible for the negligence and wrongdoing done by an agent if the act occurs within the scope of employment.
In general, a principal is liable only for torts committed by agents who are employees, not for torts of agents acting as independent contractors. In general, an employer is not vicariously liable for the torts committed by an independent contractor.
In the context of agency, the agent is acting vicariously for the principal. A principal is responsible for the tortious acts of an agent done within the Scope of Employment. This is pursuant to a doctrine known as "respondeat superior".
In the employment relationship, the employer is the principal and the employee is the agent. Both parties have an obligation to act in good faith to fulfill their obligations under the relationship. The employee has power to act as agent only to the extent authorized by the employer.