Agency Law Flashcards

1
Q

Actual authority

A

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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2
Q

Implied authority

A

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

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3
Q

Apparent Authority (Ostensible)

A

based on 3rd partys perspective - believe agent has authority

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4
Q

Terminating Agency/ Principle agreement

A

Both agent & principal agree to terminate
principal fires agent
agent fires principal
agent breaches contract

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5
Q

How to terminate Apparent Authority

A

Let public know
let people or entities who previously interacted know
In case of death or incompetence of principal ALL authority is revoked

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6
Q

Agency coupled with Interest

A

agent requires an ownership interest in agency

can only be terminated early by the agent

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7
Q

Power of attorney

A

must be in writing
must be signed by person granting
ends on death

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8
Q

Subrogation

A

Surety fully satisfies the obligation of the principal debtor to creditor and succeeds the creditors rights (steps into creditors shoes)

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