L10: Law of Agency Flashcards
1
Q
State the 3 ways an agent obtain the authority to bind his principal
A
- Actual Authority
- Apparent Authority
- Agency by Ratification
2
Q
State the 2 Agency by Estoppel
A
- Representation by P to T that A is authorized
2. T relies on the representation in contracting with A
3
Q
State the 3 conditions for effective ratification
A
- Agent must disclose he is acting on behalf of principal.
- Principal must exist as the time the agent made the unauthorized contract.
- Ratification must be done within a reasonable time
4
Q
State the 5 duties of an agent
A
- Follow P instruction
- Avoid bribery
- Avoid conflict of interest
- Account for money/goods received on P’s behalf
- Act with care and skill
5
Q
State 3 rights of an agent
A
- Right to remuneration
- Right to be reimbursed for expenses and liabilities
- Right of Lien
6
Q
State the 3 ways to terminate an agency
A
- Agreement of both parties
- By revocation
- By death/insanity or bankruptcy of P or A