When courts establish legal tests, they describe conditions that must be met for the test to be passed. In Case 16-1, the plaintiff hoped she could meet the standards of the common-law test attached...

When courts establish legal tests, they describe conditions that must be met for the test to be passed. In Case 16-1, the plaintiff hoped she could meet the standards of the common-law test attached to an agency relationship. To meet this test, a large range of facts had to be present. If the facts all fell into place in a particular way, the plaintiff would prevail.

 1. Identify specific facts from Case 16-1 that might permit the plaintiff to prevail. Clue: Go to the location in the decision where the court goes step-by-step through the test, and pick out a few instances in which one part of the test was met because of a particular set of circumstances.

2. What “facts,” had they existed, would have allowed the plaintiff to win this case? Clue: Read the court’s statement of the necessary conditions for establishing agency. Then imagine some “facts” that would satisfy those conditions.