57 Idaho 792, 69 P.2d 136 (Supreme Court of Idaho 1937)
Gorton v. Doty is a foundational agency-formation case used in first-year law courses to illustrate how minimal manifestations of consent and control can create a principal–agent relationship.
Did an agency relationship exist between Doty (the car owner) and Garst (the football coach) such that Doty is vicariously liable for Garst's negligent driving when she loaned him her car on the condition that he alone drive it to transport players?
Agency is the fiduciary relationship that results from the manifestation of consent by one person (the principal) that another (the agent) shall act on the principal's behalf and subject to the principal's control, and consent by the other so to act. An agency relationship may arise impliedly from conduct and circumstances; it does not require a formal contract, consideration, or extensive day-to-day control. If an agency exists, the principal is vicariously liable for the agent's torts committed within the scope of the agency.
Yes. An agency relationship existed; Garst acted as Doty's agent when driving the car pursuant to her condition, and Doty is vicariously liable for his negligence.
Gorton v. Doty is a staple in agency formation because it shows how slight manifestations of consent and control can be enough to establish an agency relationship—and thus vicarious tort liability. It cautions owners and would-be principals that imposing conditions on how a task is carried out (here, who will drive) can imply control and trigger liability. The case is often contrasted with modern formulations (e.g., Restatement (Third) of Agency), which may demand a clearer showing of the principal's right to control the agent's actions. As such, the case is both a teaching tool for the elements of agency and a springboard for critiquing the outer limits of vicarious liability.