Discuss whether you think there is sufficient evidence to support a finding that an agency relationship existed between Rodrigo and eHarbour, to hold eHarbour vicariously liable.
What are the different factors that should be considered when determining whether a person is an agent or an independent contractor for tort liability?
Who bears the burden in showing the existence of an agency relationship and the scope of the agent’s authority?
This scenario is based on the following Illinois state case: Blockmon v. McClellan, 2019 IL App (1st) 180420, 436 Ill. Dec. 784, 143 N.E.3d 279 (App. Ct. 1st Dist. 2019), appeal denied, 434 Ill. Dec. 277, 135 N.E.3d 552 (Ill. 2019).
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