Also known as: entrusts · entrusted · entrusting · entrustment · entrusting rule
Written by attorneys · grounded in primary & secondary sources — see below
The commitment of property, duties, or work to another's care or control. This transfer often creates fiduciary obligations or nondelegable duties of care that the entrusting party cannot escape by delegation.
Enigma Technologies hired Ethan Evans to manage its supply contracts. The company retained authority to approve every major decision and required weekly reports on negotiations. When Ethan exceeded his instructions and bound the firm to unfavorable terms, Enigma Technologies exercised its retained control to rescind the agreement.
Eastern Electric owned a warehouse and hired an independent contractor to repair a loading dock. After the work, a visitor fell through a loose plank the contractor had failed to secure. Eastern Electric remained liable because it owed a nondelegable duty to keep the premises safe for invitees.
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Emerald Enterprises leased retail space but kept control of the building's escalators. It hired an independent contractor to service them. When a tenant's customer was injured by the contractor's negligent repair, Emerald Enterprises could not avoid liability for the unsafe common area.
Eric Espinoza allowed his minor son to drive the family car despite knowing the son had multiple speeding tickets. The son caused an accident injuring a pedestrian. Eric faced direct liability for his own negligent entrustment rather than vicarious liability based solely on the parent-child relationship.
Elite Dynamics hired an independent contractor to install wiring but dictated the exact placement of conduits and required daily inspections. A worker was shocked because the contractor followed the employer's unsafe specifications. Elite Dynamics remained liable for the harm caused by its retained control.
Edward Everett, an attorney, received settlement proceeds belonging to Elise Everly and deposited them in his trust account. He then used the money to pay his own office expenses without client permission. The knowing misuse of entrusted client funds led to disbarment regardless of his claimed intent to repay.
No. When the entrusting party retains control over any part of the work or owes a nondelegable duty to maintain safe premises, liability for physical harm caused by the contractor's negligence remains with the entrusting party.
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Vicarious liability does not arise from the parent-child relationship alone. Liability requires the parent's own negligence, such as entrusting a dangerous instrumentality to a child known to be unfit.
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Knowing misappropriation of client funds entrusted to a lawyer results in disbarment even without client loss or an intent merely to borrow the money.
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A principal who entrusts matters to an agent retains the right to control the agent's conduct with respect to those matters, establishing the agency relationship.
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…has no control and for the neglect of which he is in no manner responsible. The Secretary alone is the person to whom they are entrusted and he alone is answerable for their due performance. The Secretary of State, therefore, being in the same situation as to these duties as every other ministerial officer of the United…