Hi Professor and Class –
A “relationship between a principal and agent” is generally defined as an agency and the
restatement of agency is defining agency as, “the fiduciary relationship that arises when one
person consents to have another act on his behalf and subject to his control and the other
consents to do so,” (Kubasek, et. Al., p. 313). Basically meaning that the concept of agency is
characterized as any relationship between two parties, the agent is one who represents the
principal, in the day to day transactions. An agent is hired to carry out the services in place of
the principal, by utilizing the resources of the principal.
It seems that in the case Doe v. Uber there are numerous facts that say the victim’s claim
of agency/employment relationship between Uber and its drivers. It is mentioned that the
victims are unable to negotiate the fares because the Uber service does set prices for the drivers.
Uber is in complete control of the customer charges and all customer contact information. Not
only are they in charge of this information but they are able to terminate drivers for not taking
ride requests that they receive when logged into the application. When there is a principal/agent
relationship it “typically exists when an employer hires an employee to enter into contracts on its
behalf” (Kubasek, et. Al., p. 316). An independent contractor has more independence versus an
employee. As Uber is involved in every detail of the operation therefore should be held liable
for the negligent act of its employees. In this case the court determined the sexual acts to occur
inside the scope of the employee’s duties, therefore declining Uber’s motion of dismissing the
plaintiff’s allegations.
-Jenn
References:
Kubasek, N.K., Browne, M.N., Dhooge, L.J., Herron, D.J., & Barkacs, L.L. (2020) Dynamic
Business Law (5th Edition) McGraw-Hill Education.
