respondeat superior allows an injured party doctrine (Illinois) · Go Syfert
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respondeat superior allows an injured party doctrine in Illinois

13 Illinois opinions name it 1 courts 1995–2020 0 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Moy v. County of Cookgreen
ill · 1994 · cited in 8 Illinois opinions naming this issue, 1995–2014
2 sentences

1995The doctrine of respondeat superior allows an injured party to hold a principal vicariously liable for the conduct of his or her agent. ( Moy v. County of Cook (1994), 159 Ill.2d 519, 523 , 203 Ill.Dec. 776 , 640 N.E.2d 926 .) The issue whether one is an agent or an independent contractor is generally a question of fact, unless the relationship is so clear as to be undisputed. ( Gasbarra v. St.

1995The doctrine of respondeat superior allows an injured party to hold a principal vicariously liable for the conduct of his or her agent. ( Moy v. County of Cook (1994), 159 Ill.2d 519, 523 , 203 Ill.Dec. 776 , 640 N.E.2d 926 .) The issue whether one is an agent or an independent contractor is generally a question of fact, unless the relationship is so clear as to be undisputed. ( Gasbarra v. St.

78
Daniels v. Corrigangreen
illappct · 2008 · cited in 4 Illinois opinions naming this issue, 2011–2017
2 sentences

2011App. 3d 66, 75 , 886 N.E.2d 1193, 1203-04 (2008) (“The doctrine of respondeat superior allows an injured party to hold a principal vicariously liable for the conduct of his or her agent.”).

2011App. 3d 66, 75 , 886 N.E.2d 1193, 1203-04 (2008) (“The doctrine of respondeat superior allows an injured party to hold a principal vicariously liable for the conduct of his or her agent”).

24
O'BANNER v. McDonald's Corp.green
illappct · 1995 · cited in 2 Illinois opinions naming this issue, 2014–2014
2 sentences

2014Respondeat Superior - Actual Agency ¶ 180 "The doctrine of respondeat superior allows an injured party to hold a principal vicariously liable for the conduct of his or her agent." O'Banner v. McDonald's Corp., 273 Ill.

2014Respondeat Superior–Actual Agency ¶ 180 “The doctrine of respondeat superior allows an injured party to hold a principal vicariously liable for the conduct of his or her agent.” O’Banner v. McDonald’s Corp., 273 Ill.

22
Oliveira-Brooks v. Re/Max International, Inc.green
illappct · 2007 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020Oliveira-Brooks v. Re/Max International, Inc., 372 Ill. App. 3d 127, 134 (2007).

11
Bagent v. Blessing Care Corp.green
ill · 2007 · cited in 1 Illinois opinions naming this issue, 2013–2013
1 sentence

2013Bagent v. Blessing Care Corp., 224 Ill. 2d 154, 163 (2007); Moy v. County of Cook, 159 Ill. 2d 519, 523 (1994).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
O'BANNER v. McDonald's Corp. green
ill · 1996
2 sentences

2014App. 3d 588, 592 (1995) (citing Moy v. County of Cook, 159 Ill. 2d 519, 523 (1994)), rev'd on other grounds, 173 Ill. 2d 208 (1996).

2014App. 3d 588, 592 (1995) (citing Moy v. County of Cook, 159 Ill. 2d 519, 523 (1994)), rev’d on other grounds, 173 Ill. 2d 208 (1996).

22014–2014
Jacobs v. Yellow Cab Affiliation, Inc. green
illappct · 2017
1 sentence

2017Id. ¶ 66 i. Actual Authority ¶ 67 The doctrine of respondeat superior allows an injured party to hold a principal vicariously liable for the conduct of its agent.

12017–2017
Gasbarra v. St. James Hospital green
illappct · 1980
2 sentences

1995James Hospital (1979), 85 Ill.App.3d 32, 43 , 40 Ill.Dec. 538 , 406 N.E.2d 544 .) Whether an actual agency has in fact been created is determined by the relations of the parties as they exist under their agreements or acts, with the question being ultimately one of intention. 3 Am.Jur.2d, Agency § 21 (1986). [1] *1270 The record in this case establishes that the franchisees who owned and operated the restaurant located at 29 East 87th Street in Chicago were not McDonald's Corporation's actual agents.

1995James Hospital (1979), 85 Ill.App.3d 32, 43 , 40 Ill.Dec. 538 , 406 N.E.2d 544 .) Whether an actual agency has in fact been created is determined by the relations of the parties as they exist under their agreements or acts, with the question being ultimately one of intention. 3 Am.Jur.2d, Agency § 21 (1986). [1] *1270 The record in this case establishes that the franchisees who owned and operated the restaurant located at 29 East 87th Street in Chicago were not McDonald's Corporation's actual agents.

11995–1995

Statutes the citing opinions construe

IL § 735 ILCS 5/2-1005 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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