Agency Law Flashcards
Actual authority
is expressly granted or is implied by the duties you expect the agent to perform and is necessary to carry them out
Implied authority
is expressly granted, it is implied that the agent has authority to carry out duties
Apparent Authority (Ostensible)
based on 3rd partys perspective - believe agent has authority
Terminating Agency/ Principle agreement
Both agent & principal agree to terminate
principal fires agent
agent fires principal
agent breaches contract
How to terminate Apparent Authority
Let public know
let people or entities who previously interacted know
In case of death or incompetence of principal ALL authority is revoked
Agency coupled with Interest
agent requires an ownership interest in agency
can only be terminated early by the agent
Power of attorney
must be in writing
must be signed by person granting
ends on death
Subrogation
Surety fully satisfies the obligation of the principal debtor to creditor and succeeds the creditors rights (steps into creditors shoes)