Agency Law Flashcards

1
Q

What is Agency Law?

A

Agency Law deals with someone’s ability to bind you to a contract with a third party

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2
Q

What is required for Agency to exist?

A

Both parties must consent to the relationship and intend for an Agency relationship to exist

Agent owes Principal fiduciary duty

Principal doesn’t owe Agent fiduciary duty

A contract is NOT required and an Agency agreement is not based on Contract Law; Exception - If duties cannot be performed within a year; a signed writing is required

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3
Q

What is Actual Authority in an agency?

A

Actual Authority is what is expressly granted or is implied by the duties you expect the Agent to perform and is necessary to carry them out

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4
Q

What is Implied Authority in an agency?

A

When authority is expressly granted; it is implied that the agent has the authority to carry out the duties

Does not include authority to sell or alter a business

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5
Q

What is Apparent (Ostensible) Authority in an agency?

A

Apparent Authority is based on the third party’s perspective - they believe that the Agent has the
authority to enter into a contract based on:

  • Prior dealings with agent
  • Agent’s title leads the third party to believe they can enter into a contract
  • The Principal hires the Agent to carry out duties that normally carry with them the rights to enter into contracts
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6
Q

How is an Agency terminated?

A
  • Both Agent and Principal agree to terminate
  • Principal fires Agent
  • Agent fires Principal
  • Agent breaches their contract by doing something like violating their obligation to act as a fiduciary to Principal
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7
Q

How do you terminate Apparent Authority?

A
  • Let the public know
  • Let the people or entities that the Agent previously interacted with know
  • In cases of death; or Principal is otherwise not competent to contract; ALL authority is revoked
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8
Q

What is an Agency Coupled with an Interest?

A

Agent acquires an ownership interest in the Agency

Can only be terminated early (before the interest expiration date) by the Agent

Unless the Agency has a specific time limit spelled out in a contract; the Agent’s authority is irrevocable
by the Principal

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9
Q

When is an employee an Agent; and when does this make the employer liable?

A

Employees are agents while acting within the scope of their duties.

For employees who injure third parties while acting within the scope of their duties; both Employee and Employer are liable

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10
Q

When are Agents liable for torts (civil wrongs) they commit?

A

Agents are liable for torts (civil wrongs) committed whether they had authority or not

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11
Q

Are Agents who act outside of their authority liable?

A

Agents who act outside of their authority will be liable for the act

Exception - Principal ratifies the contract which relieves Agent of liability

In order to ratify; Principal must know all of the facts and must ratify before third party cancels agreement

If Principal keeps the benefits of the contract; ratification is implied

Contract must be 100% ratified or there is no contract

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12
Q

What is an Agent’s liability when acting for an undisclosed principle?

A
  • Agent liable to third party even if acting within authority
  • Third party can sue both Principal and Agent if Principal becomes disclosed
  • Agent can then sue Principal
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13
Q

What are the requirements for a Power of Attorney (POA)?

A

Must be in writing

Must be signed by person granting the POA

Ends upon death of Principal

General POA - Agent authorized to handle all affairs

Special POA - Agent authorized to handle only specific affairs

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14
Q

Is selling business fixtures a implied business manager duty?

A

No

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15
Q

What must employe due when employee pays 3rd party damages when operating under direct order of employer?

A

Indemnify losses of employee

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16
Q

Is agent/employee always liable for their own torts?

A

Yes

17
Q

Does undisclosed principal have liability under contract made by agent even of 3rd party is unaware?

A

Yes

18
Q

What is constructive trust?

A

Remedial device for fraudulent breach of fiduciary duty

19
Q

Is agent liable to 3rd party of working for undisclosed principal?

A

Yes

20
Q

When is an employer not liable for an employee?

A

Employee acted illegally

21
Q

Will undisclosed principal be held liable if agent acts outside of authority?

A

No

22
Q

Apparent authority can only exist with…

A

Disclosed or partially disclosed principal

23
Q

Who do subagents owe a fiduciary duty to?

A

Agent and principal

24
Q

Who may ratify a contract?

A

Only a disclosed or partially disclosed principal

25
Q

What authority does an agent for an undisclosed principal have?

A

Same authority as under a disclosed principal

26
Q

Is agent liable if principal is disclosed? If undisclosed?

A

Liable of disclosed, not liable if undisclosed.

27
Q

Is an undisclosed principal liable for agents dishonored check?

A

No