Kynast was acting as the agent of Ashland, the university was therefore liable for Kynast’s alleged wrongful acts. Was Kynast an agent of Ashland? Why or why not?
Brian Hanson sustained a paralyzing injury while playing in a lacrosse match between Ohio State University and Ashland University. Hanson had interceded in a fight between one of his teammates and an Ashland player, William Kynast. Hanson grabbed Kynast in a bear hug, but Kynast threw Hanson off his back. Hanson’s head struck the ground, resulting in serious injuries. An ambulance was summoned, and after several delays Hanson was transported to a local hospital where he underwent surgery. Doctors determined that Hanson suffered a compression fracture of his sixth spinal vertebrae. Hanson, now an incomplete quadriplegic, subsequently filed suit against Ashland University, maintaining that because Kynast was acting as the agent of Ashland, the university was therefore liable for Kynast’s alleged wrongful acts. Was Kynast an agent of Ashland? Why or why not?
The relationship of principal and agent can be established when one party exercises the right of control over the action of other party and performs certain tasks for the former in exchange for a fixed fee or compensation.
In this case,Individual K does not perform for University A. Individual K is a student there, who pay fees and does not get paid any fees. Individual K voluntarily joined the lacrosse team and was guided by a coach. The university and coach cannot be considered liable for the performance in the team. So, here Individual K can be considered to be a buyer of educational services provided by University A, but not as an agent.
Individual K cannot be considered an agent of University A as Individual K is not working for University A. University A does not even exercise any right of control over the actions of Individual K.
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