Authority is Implied by Contract or Tort when Duties Terminate

Question 1

Authority

Answer 1

Authority SOF Estoppel

(1) Authority = agent to bind = express, implied, apparent, or through ratification
(2) SOF = oral ok unless land, over a year, sales rep
(3) Estoppel != inform agency no longer exists

Question 2

Implied

Answer 2

Implied Apparent Ratification

(1) Implied = arise from express, status
(2) Apparent = no actual/implied but lead a RP to believe exists
(3) Ratification = disclosure to 3rd that acting for P, agent discloses relevant facts to P, relationship in existence when K made

Question 3

Contract

Answer 3

Contract Agent

(1) Contract liability = imputed to P when A had authority
(2) Agent liability != if disclosure of identify as an agent and identifies principle

Question 4

Tort

Answer 4

Tort Independent Agent

(1) Tort liability = agents acting in scope, negligent hire/supervision, unless frolic and detour
(2) Independent contractor = have independent authority over how takes are completed
(3) Agent liability = always for torts

Question 5

Duties

Answer 5

Duties principle

(1) Agent’s fiduciary duties = full disclosure, avoid conflict, obey instruction/stay in authority, exercise due care in performance
(2) Principle = reimburse, compensate services, indemnify for liabilities in scope of authority, provide safe work place

Question 6

Terminate

Answer 6

Terminate Revocation Notice

(1) Voluntary termination = purpose ends, mutual agreement, or breach of duty; involuntary = death, incapacity
(2) Revocation = renunciation (agent) = can’t force, but sue if causes damage
(3) Notice of termination = dispel all forms of authority = inform creditors