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Contractual and/or Consensual
Can be formed by mere consent of the parties with any external formality, it is ordinarily the result of a contractual agreement between parties. SC statue requires all agency agreements to be in writing.
Actions within the scope of the authority given by the principal (client), are considered to be as if the principal (client) had acted himself.
Parties have engaged in a mutual exchange of trust and confidence.
Confidentiality extends beyond the termination of the agency relationship.