Asked by Raheal Pasha on Jun 10, 2024
Verified
Juan is granted an exclusive easement to drive across Carl's driveway.Juan delegates authority to his agent,Stan,to drive across Carl's driveway.Is Stan liable in trespass for driving across Carl's driveway?
A) No,because he is acting as Carl's agent.
B) No,because Carl delegated his authority.
C) Yes,because the privilege given the agent was not delegable.
D) Only if he exceeded the scope of the privilege granted him by Juan.
Exclusive Easement
A property right that grants the holder the exclusive use of a portion of another's real property for a specified purpose.
Trespass
An unlawful act of entering or remaining on someone's property without permission, sometimes extending to interference with a person’s rights.
Delegable
Relates to tasks or authority that can be transferred or assigned to someone else.
- Determine scenarios where a principal is not responsible for the conduct of independent contractors.
- Investigate the function of express, implied, and apparent authority in determining liability.
Verified Answer
MS
Mikiya StukesJun 14, 2024
Final Answer :
C
Explanation :
A privilege given to an agent must be delegable.If Carl granted the easement to Juan exclusively,Stan is not privileged to drive across Carl's driveway.
Learning Objectives
- Determine scenarios where a principal is not responsible for the conduct of independent contractors.
- Investigate the function of express, implied, and apparent authority in determining liability.