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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Brandon Cleveland and Isiah Jackson v. Caplaw Enterprises, Docket No. 05-4643-Cv, 448 F.3d 518 (2006)

Citation
Brandon Cleveland and Isiah Jackson v. Caplaw Enterprises, Docket No. 05-4643-Cv, 448 F.3d 518 (2006)
Parent Document
Brandon Cleveland and Isiah Jackson v. Caplaw Enterprises, Docket No. 05-4643-Cv, 448 F.3d 518 (2006)
Effective Date
2006-05-15

Other Sections in This Document (53)

Full Text

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The parties agree that the first two elements of agency are satisfied by the Agreement. Thus, only control is at issue. It is clear that “the right of control by the principal may be exercised by prescribing what the agent shall or shall not do before the agent acts, or at the time when he acts, or at both times.” Restatement (Second) of Agency § 14 cmt. a. Nevertheless, the control asserted need not “include control at every moment; its exercise may be very attenuated and, as where the principal is physically absent, may be ineffective.” Id.