Agency Law Flashcards
What is Agency Law?
Agency Law deals with someone’s ability to bind you to a contract with a third party
What is required for Agency to exist?
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 w/in a year; a signed writing is required
What is actual authority?
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
What is implied authority?
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.
what is apparent (ostensible) authority?
Apparent authority is based on the 3rd party’s perspective - they believe that the agent has the authority to enter into a contract based on: (1) Prior dealings with the agent, (2) Agent’s title leads the party to believe they can enter into a contract, (3) the principal hires the agent to carry out duties that normally carry with them the rights to enter into contracts
How is an agency terminated?
(1) Both agent & principal agree to terminate.
(2) Principal fires agent
(3) Agent fires principal
(4) Agent breaches their contract by doing something like violating their obligation to act as a fiduciary to the principal.
How to you terminate apparent authority?
(1) Let the public know
(2) Let the people or entities that the agent previously interacted with know
(3) In cases of death; or principal is otherwise not competent to contract; ALL authority is revoked
What is an Agency coupled with an interest?
Agent requires 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
When is an employee an Agent; and when does this make the employer liable?
Employees are agents while acting within the scope of their duties.
For employees who injure 3rd parties while acting within the scope of their duties; both employee and employer are liable.
What are Agents liable for torts (civil wrongs) they commit?
Agents are liable for torts (civil wrongs) committed whether they had authority or not
Are agents who act outside of their authority liable?
Agents who act outside of their authority will be liable for the act.
Exception - principal ratifies the contract which relieves the agent of liability. In order to ratify; principal must know all of the facts and must ratify before 3rd party cancels agreement. If principal keeps the benefits of the contract; ratification is implied. Contract must be 100% ratified or there is not contract.
What is an Agent’s liability when acting for an undisclosed principle?
Agent liable to 3rd party even if acting within authority. 3rd party can sue both principal and agent if principal becomes disclosed. Agent can then sue principal.
What are the requirements for a power of attorney (POA)?
(1) Must be in writing
(2) Must be signed by person granting the POA
(3) Ends upon death of principal
General POA - agent authorized to handle all affairs
Special POA - Agent authorized to handle only specific affairs
