Vicarious Liability and Administration of Risk II

In an earlier part of this article a translation of the rules of frolic and detour and independent contractor into administration of risk concepts was attempted. The case of the person to whom the loss was allocated was considered to ascertain what his capacity was to administer it. The analysis undertaken there will be extended here to some of the partnership and business trust problems. The capacity of the persons being held liable to administer the risks allocated to them will be studied. Contract as well as tort liability will be included. But only those problems will be analyzed which involve the determination of what persons are vicariously liable for contracts and torts admittedly within the scope of the business being undertaken. Questions of the scope of the authority or power of the so-called agent will not be included