Agency Flashcards
Agent
A person who may legally act on behalf of a business (i.e. making decisions as that entity)
Party for whom the agent acts
principal
Employee as relates to agency
Usually an agent
IC as relates to agency
Usually not an agent
Means of creating agency
Express agreement, by conduct, ratification, estoppel, contract for necessaries by minor
Agency estoppel
Occurs when an appearance of binding authority is relied upon
Contract for necessaries agency
Child acts as parent’s agent when signing contract for necessaries
1st duty of agent
Fiduciary of principal - should act in best interest
2nd duty of agent
Follow instructions of principal
3rd duty of agent
Act with skill expected
4th duty of agent
Duty of loyalty
5th duty of agent
Protect confidential information
6th duty of agent
Notify principal of events
1st duty of principal
Accept/honor contracts with agent
2nd duty of principal
Respondeat superior