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In each case that follows, you be the judge.25. Respondeat SuperiorElliot was an inmate at the Chillicothe Correctional Institution. While serving his sentence, hewas hit in the face by a corrections officer. Because the institution was run by the state, Elliotsued the officer and the state. He used the doctrine of respondeat superior. The state claimed theguard had been reckless in his conduct and that his actions were therefore outside the scope ofhis employment. Was the guard acting within the scope of his employment when he injuredElliot? Why or why not?Elliot v. Ohio Department of Rehabilitation and Correction, 637 N.E.2d 106 (OH).26. LiabilityHoddesons was shopping for furniture at the Koos Brothers Department Store. A mandressed in a suit showed her around the furniture floor, pointing out several pieces of furniture.Eventually, Hoddesons picked out several furniture items. Because she believed the manwas a salesperson, Hoddesons gave him the correct amount of cash to cover her purchases.The man told her the items would be shipped to her soon. When the furniture never arrived,Hoddesons complained to the store and eventually learned the man in question was animpostor who did not work for the store. Will the department store be liable to Hoddesons?Why or why not?Hoddesons v. Koos Brothers, 135 A.2d 702 (NJ).Online AgentsThere are many types of agents that serve thepublic—travel agents, real estate agents, talentagents, and even shopping agents.ConnectConduct research on the Internet. Use a variety ofsearch engines to complete the following exercises:27. Research an online agent.28. Determine the type of agent and how theagency relationship is created.29. Determine whether hiring an agent via theInternet is different from hiring an agent in amore traditional manner.30. Predict Why do you think laws governingagency relationships came into being?31. Connect Have you ever needed to be intwo places at once? Have you ever beenasked to accomplish tasks beyond yourexpertise? What did you do about it?32. Question What is the difference betweenan express and implied agreement?33. Respond Can a person act as an agentwithout the authority to do so? Explainyour answer.Chapter 18: Creation of an Agency 411

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