Chapter 29

allows one person to act on the behalf of another (contract with third party on behalf of the principle)

• also called principle-agent relationship
• the fiduciary relationship consent by one person to another that the other will act on persons behalf and subject to their control and consent by other to do so.
• Can only be created for lawful purposes

common law that governs agency (mix of contract and tort law)

employs another to act on their behalf (must have contractual capacity not insane)

employer (principle) hires employee (agent) and gives the AUTHORITY TO ACT AND ENTER INTO CONTRACTS on their behalf

employer hires employee to perform some tasks but the employee has not been authorized to enter into contracts on their behalf

a person/business not employee. Employed by principal to perform a certain task. (doctors, dentist, consultant)

• 1.) Express Agency
• 2.) Implied Agency
• 3.) Agency by Ratification
• 4.) Apparent Agency

when principal and agent expressly agree to enter into an agency agreement with each other oral or written

principle cannot employ any agent other than the one they are with now

power agent can sign legal documents for principal

not expressed but is implied. can be conferred by industry customs, prior dealings, the agents positions

when agent takes action w/o instruction of principle b/c of an emergency to protect principles property or rights.

• 1.) a person misrepresented himself or herself as and agent when really not.
• 2.) the principal still accepts even though not legally bound by principal has to act and comply with agreement.

when principal creates the appearance of an agency when it does not exist (ex: owner of a company refers to someone as an employee when really isn't)

• 1.) Duty to Compensate
• 2.) Duty to Reimburse and to Indemnify
• 3.) Duty to Cooperate

principal owes to pay an agreed upon amount to agent

• Reimburse within scope of contract.
• Indemnification-pay back for any misconduct liable by principal (legal costs)

assist agent in performance of duties (ex: real estate allow broker to show house)

• 1.) Duty to Perform
• 2.) Duty of Notification
• 3.) Duty of Loyalty
• 4.) Duty of Obedience
• 5.) Duty of Accountability

perform expressed and implied duties

notify important info

• Act in best interest of agency
• ex: cant take client or deal from principle only can do that if principle refuse it first

• account for funds at all times
• all profits made during time of agency belong to principle.

• 1.) Task is achieved or lapse of time done
• 2.) Principle notified party
• 3.) Operation of law
• 4.) Death
• 5.) Principle dies (agents duties end)
• 6.) Insanity
• 7.) Bankruptcy of principle
• 8.) War btwn prin and agent countries
• 9.) Impossibility