Essay 50 Point 1 (b) -- Agent's scope of duties to LLC Flashcards
When does an agency arise?
1) when one person (a ‘principal’) manifests assent
2) to another person (an ‘agent’) that the
*agent shall act on the principal’s behalf *
3) and subject to the principal’s control, and
4) the agent manifests assent or otherwise consents so to act.”
How does a person manifest assent in agency formation?
1) through written
2) or spoken words
3) or other conduct
To create agency, what must both prinicpal and agent understand?
1)That principal
2) is in control of relationship
At a minimum, what must a principal have the right to control for a valid agency formation?
1) principal has
2) )right to control the
3) goal of the relationship
What does an agency relationship not depend on?
1) Prin compensating agent
2) either party’s recognition that agency relationship is created
What is the application of the rule in essay 50?
P’s oral manifestation: Ben asked neighor to purchase hole digger
A’s manifestation: Oral, Neighbor agreed to do this
P’s control of A: Agent Neighbor agreed to purchase hole digger from farm store