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Re:American Airlines and The Points Guy are suing each other by Glyptodon on Thursday January 20, 2022 @02:55PM (#30013870)
If I authorize an agent to act on my behalf in a particular way wouldn't they be considered and authorized as me? If I make a contract with Bob to mow my lawn, it's not like Bob's workers or employees have to sign the contract too. TPG shouldn't need to be party to the contract to be an agent of one of the contracted parties.
Re:American Airlines and The Points Guy are suing each other by mbreese on Thursday January 20, 2022 @03:45PM (#30014650)
But if TPG is an agent of the customer, then AA should be suing the customer. As said above, TPG isn’t subject to the TOS because they aren’t the ones who agreed to them. So, it’s the user that is misusing AAs data. But they don’t want to sue their customers (and in particular each customer individually, because I’m sure there is a no-class-action clause)…

So here we are. It should be fascinating to see where this goes.

Re:American Airlines and The Points Guy are suing each other by dragonwriter on Thursday January 20, 2022 @04:34PM (#30015399)
> But if TPG is an agent of the customer, then AA should be suing the customer.

Respondeat superior lets you sue the principal for torts of an agent committed in the scope of their agency, but it doesn't eliminate the liability of the agent for their own torts.

You typically want to sue the principal when the agent is less able to pay, less willing to settle, or one of many easily replaceable agents employed by the principal for the same purpose.

When the first and third of those are reversed and the second is unclear (which seems to be the case here), you want to focus on the agent. You could sue the multitude of principals, too, but that's just a lot more cost for little additional benefit (and possibly sympathy backfire in a jury trial.)

Re:American Airlines and The Points Guy are suing each other by FireBeyond on Thursday January 20, 2022 @08:01PM (#30017805)
And here's me, all idealistic, thinking that decisions on who to sue should be about the merits of the complaint, rather than "who has the potential to give me the most money".
Re:American Airlines and The Points Guy are suing each other by dragonwriter on Friday January 21, 2022 @10:14AM (#30024564)
Civil lawsuits are a means of dealing with a problem, mainly by recovering losses (via damages) but also sometimes by imposing other legal compulsion (equitable relief).

“how does filing a lawsuit against this party improve my expected resolution to whatever problem motivated the lawsuit, and is that worth the added cost of pursuing that party” should be part of your calculus. That's not to say the merits of the case don't figure in, but a meritorious case against someone who even the best possible outcome won't do anything to improve your condition is just a way to waste your money and time, and the courts.

Re:American Airlines and The Points Guy are suing each other by tiahura on Thursday January 20, 2022 @03:57PM (#30014862)
But if TPG is an agent of the customer, then AA should be suing the customer.

As the great Professor Hecker repeated so often in Business Associations - “The tortfeasor is always liable.” E.g. when you get hit by the Dominoes delivery driver, you can sue the delivery driver.

Re:American Airlines and The Points Guy are suing each other by rhizome on Thursday January 20, 2022 @04:38PM (#30015447)
I was just looking at this in the context of the Rogel Aguilera-Mederos (110 year sentence) truck-crash case the other week. IANAL, but as I understand it there's a legal concept called "respondeat superior" and the "McHaffie Rule" that may complicate that assertion. A lawyer could and probably would stomp me on this description, naturally.
Re:American Airlines and The Points Guy are suing each other by tiahura on Thursday January 20, 2022 @05:53PM (#30016504)
Respondeat superior means the employer is also liable, not solely liable. Again, the tortfeasor is always liable. Iaal.
Re:American Airlines and The Points Guy are suing each other by backtoyoujim on Thursday January 20, 2022 @02:59PM (#30013906)
How does that logic apply to people that sublet rental spaces ?
Re:American Airlines and The Points Guy are suing each other by alexpotato on Thursday January 20, 2022 @03:31PM (#30014413)
Some leases specify that sub letting is not allowed and doing some would put the original tenant in breach of the lease agreement.
Re:American Airlines and The Points Guy are suing each other by dylan604 on Thursday January 20, 2022 @04:13PM (#30015101)
I'd even say most leases vs some, especially regarding residential. Buying a house for the purposes of renting requires different financing (although most are being bought for cash) than a typical homeowner's financing which has clauses that says the person receiving the financing will use the address as their primary residence.

These things get ridiculously specific.

Re:American Airlines and The Points Guy are suing each other by adrianba on Thursday January 20, 2022 @03:52PM (#30014782)
Subletting isn't an agency relationship. It's not like tenants provide a service to landlords by occupying the property as well as paying rent.

Also, the law around real property including leases is different and more involved than straightforward contractual relationships.

Re:American Airlines and The Points Guy are suing each other by gowld on Thursday January 20, 2022 @03:01PM (#30013928)
What happens if you hire someone to be your agent at your job?
Re:American Airlines and The Points Guy are suing each other by Glyptodon on Thursday January 20, 2022 @03:07PM (#30014016)
They should arbitrage the difference between our pay to replace me and get me fired.
Re:American Airlines and The Points Guy are suing each other by frosted-flakes on Thursday January 20, 2022 @06:39PM (#30017047)
That's how a temp agency works, no? You hire the agency because you need a worker for a short term job, and the agency will in turn hire a temp worker to actually do the job.
Re:American Airlines and The Points Guy are suing each other by dylan604 on Thursday January 20, 2022 @04:14PM (#30015121)
Typically, aren't new contracts drawn up so that the person you hired is recognized on the other end as well?