Henderson v. Charles E. Smith Management, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that the extent to which the element of control exists can be shown by the terms of the contract between the parties
• noting that both factors—consent and control—must exist for a principal-agent relationship to exist
• court “must look for evidence that the activities of the agent are subject to the principal’s control” (emphasis in original)
• “The existence of an agency relationship is a question of fact, for which the person asserting the relationship has the burden of proof.”
• agency relationship exists where “„one person authorizes another to act on his [or her] behalf subject to his [or her] control, and the other consents to do so.‟”
• agency relationship exists where ‘“one person authorizes another to act on his [or her] behalf subject to his [or her] control, and the other consents to do so.’ ”

Source: CourtListener parenthetical corpus (CC0).