Kenny Willis and his neighbors, Rick and Joyce Taylor, were good friends. Rick h
ID: 2652631 • Letter: K
Question
Kenny Willis and his neighbors, Rick and Joyce Taylor, were good friends. Rick helped Kenny repair his truck and Kenny cut the Taylors’s yard because they did not own a lawnmower. One day, while the Taylors were out, Kenny began to cut their grass. Joyce returned home and saw what he was doing but made no effort to stop him. Kenny negligently ran the mower over a stretch of gravel. A piece of the gravel shot through the air and struck Jackie Gill in the eye. She filed suit against both Willis and the Taylors.
Does a principal-agent relationship exist among the parties?
Who is liable to Jackie Gill?
Explanation / Answer
Yes There is an implied agency between Kenny and Taylor. This is known as agency by estoppel. A Principal may by his Act give appearance that a certain person is his Agent though he actually not. In such case, the Principal is binding by the act of Agent. In the Present Case Taylor despite knowing the fact that Kenny is cutting the grass made no efforts to stop him, than he is liable to be bind by the act of Kenny.
So, there is an Agency which means Taylor is liable to Jackie Gill.
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