Agency Flashcards
Def: Agency by estoppel
A principle holds out to the third party that another is auto to action on the principles behalf, the third party deals with the principle accordingly, the principle may not later deny that the other was the principles agent for the purpose of dealing with that third party
Def: Ostensible authority
Same apparent authority
Can the agent ever be liable?
Only if the parties intended that to the case
When does an agency by estoppel arise
On the basis of a principle conduct in holding out for another person to be their agent
Def: express authority
Given in regard to what is expressly authorised
Def: implied authority
Given in regard to what is expressly authorised it which is used by virtue of the agent position
Is the agent has no authority, can the principle sue or be sued on the contract?
No, only if the contract is ratified
Must a third party be identified on the contract?
Yes in some way