Professional Documents
Culture Documents
INTRODUCTION
Defining Agency
Principalthe party who employs another person to act on his or her behalf .
Agentthe party who agrees to act on behalf of another
Agencythe principal/agent relationship
The relationship of principal and agent is known as agency. It may be created in the following
ways:
1. By express appointment: power of attorney, in writing or orally
2. By implication, here agency is inferred from the conduct of the parties. E.g. husband and
wife, in case of agency of necessity
3. Agency by estoppels: The usual situation is where an employee is allowed by his
employer to order goods on his behalf and the goods are afterwards paid by the
employer. If the employee
suppliers, the employer will be liable to pay to for them as he will be stopped from
denying the employees ostensible authority.
Likewise, similar relationship may arise between husband and wife where the wife has
been allowed to pledge her husbands credit. In such cases the husband will be bound
to pay for goods ordered by the wife necessary to their standard of living.
4. Agency by ratification; this arises where A acts in the name of B, without Bs authority. B
may ratify the act and make it as valid as if it had been done with his authority.
Ratification has the same legal effect if the agent had originally been authorized to act
If the agent has incurred a personal liability in accordance with the terms of
the contract, the principle cannot be allowed to revoke the agency leaving
the agent exposed to risk or liability he has incurred.
If the agency is coupled with an interest. For example, if P owes some money
to A, and authorizes him to sell Ps goods and pay for himself out of the sell
proceeds, the agency is supported by sufficient consideration and is
irremovable.
has
The action can be brought by the third party, not by the principal
The agent is liable whether he has acted fraudulently or innocently, and even if
his authority has been authority terminated without his knowledge, by death or
mental disorder of the principal.
Mutual agreement
Lapse of time
Purpose achieved
Impossibility of performance
Change in circumstances
Terminologies
Agency by ratificationan agency that occurs when (1) a person misrepresents him- or
herself as another's agent when in fact he or she is not and (2) the purported principal
ratifies the unauthorized act.
Agency lawThe large body of common law that governs agency; a mixture of
contract law and tort law.
Employment
relationships(1)
Employer-employee,
principal-independent contractor.
(2)
principal-agent,
and
(3)
Exclusive agency contractA contract a principal and agent enter into that says the
principal cannot employ any agent other than the exclusive agent.
Express agencyAn agency that occurs when a principal and an agent expressly agree
to enter into an agency agreement with each other.
Implied agencyAn agency that occurs when a principal and an agent do not
expressly create an agency, but it is inferred from the conduct of the parties.
independent contractor"A person who contracts with another to do something for him
who is not controlled by the other nor subject to the other's right to control with respect
to his physical conduct in the performance of the undertaking." [Restatement (Second)
of Agency].
Power of attorneyAn express agency agreement that is often used to give an agent
the power to sign legal documents on behalf of the principal.
PrincipalThe party who employs another person to act on his or her behalf.
Termination by acts of the partiesAn agency may be terminated by the following acts
of the parties: (1) mutual agreement, (2) lapse of time, (3) purpose achieved, and (4)
occurrence of a specified event.