L10: Law of Agency Flashcards

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1
Q

State the 3 ways an agent obtain the authority to bind his principal

A
  1. Actual Authority
  2. Apparent Authority
  3. Agency by Ratification
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2
Q

State the 2 Agency by Estoppel

A
  1. Representation by P to T that A is authorized

2. T relies on the representation in contracting with A

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3
Q

State the 3 conditions for effective ratification

A
  1. Agent must disclose he is acting on behalf of principal.
  2. Principal must exist as the time the agent made the unauthorized contract.
  3. Ratification must be done within a reasonable time
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4
Q

State the 5 duties of an agent

A
  1. Follow P instruction
  2. Avoid bribery
  3. Avoid conflict of interest
  4. Account for money/goods received on P’s behalf
  5. Act with care and skill
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5
Q

State 3 rights of an agent

A
  1. Right to remuneration
  2. Right to be reimbursed for expenses and liabilities
  3. Right of Lien
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6
Q

State the 3 ways to terminate an agency

A
  1. Agreement of both parties
  2. By revocation
  3. By death/insanity or bankruptcy of P or A
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