SB 556, as amended, Corbett. Agency: ostensible.
Existing law specifies the authority of agents in dealing with 3rd persons. Existing law states when an agency is ostensible for purposes of determining the authority of an agent.
This bill wouldbegin delete make technical, nonsubstantive changes to that provisionend deletebegin insert provide that a person or entity that enters into a contract or agreement for labor or services with a contractor is liable for any damages caused by the contractor or the contractor’s employee for work performed under the contract if, at the time of the damage, certain circumstances existed that would cause a member of the public to believe that the contractor or the contractor’s employee was an agent of the person or entityend insert.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 2810.7 is added to the end insertbegin insertLabor Codeend insertbegin insert, to
2read:end insert
A person or entity that enters into a contract or
4agreement for labor or services with a contractor shall be liable
P2 1for any damages caused by the contractor or the contractor’s
2employee for work performed under the contract if, at the time of
3the damage, either of the following occurred:
4(a) The contractor or contractor’s employee wore a uniform
5that is substantially similar to the uniform of the person or entity
6so as to cause a member of the public to believe that the contractor
7or contractor’s employee was an agent of the person or entity.
8(b) The contractor or contractor’s employee operated a vehicle
9with the logo of the person or entity and the vehicle had an
10appearance that would cause a member of the public to believe
11that the contractor or contractor’s employee was an agent of the
12person or
entity.
Section 2300 of the Civil Code is amended to
14read:
An agency is ostensible when the principal intentionally,
16or by want of ordinary care, causes a third person to believe another
17person to be his or her agent who is not really employed by him
18or her.
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