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 There are three types of agency, any of which are sufficient to bind the principal to a contract entered into by an agent with a third party, and make the principal responsible for the agent's tortious acts, so long as the agent has acted within the course and scope of authority delegated by the principal. The three types of agency are: express authority, implied authority, and apparent authority. Bailey v. Ness, 109 Idaho 495, 497, 708 P.2d 900, 902 (1985). Comment (a) to section 2.03 of the Restatement (Third) of Agency sets forth that apparent authority 'does not presuppose the present or prior existence of an agency relationship,' but rather the doctrine can be applied to actors who appear to be agents but who actually are not. Restatement (Third) of Agency § 2.03, comment (a) (2006). Comment (b) to that section also explains that many jurisdictions use the terms 'apparent authority' and 'apparent agency' interchangeably. Id. at § 2.03, comment (b). Bailey applies to tort claims brought under the doctrine of apparent agency as well. 


'Generally, a principal is immune from liability for the negligence of `an independent contractor, or that of its employees, in ...

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