Quiz 8 Flashcards
Principal
The party for whom the agent is acting
Agent
One who acts on behalf of another
Express authority
Authority that is given by words or by action
Implied authority
Authority that is not expressed in words but rather by actions or the surrounding circumstance
Equal dignity rule
If the statute of frauds requires a contract be in writing then the agency agreement concerning that contract must also be in writing
Undisclosed principal
The third Party is unaware that an agency relationship exists
Agency couples with an interest
The agent has a financial or personal stake in the outcome of the agency relationship
Agency estoppel
The principal is estopped(prohibited) from denying the existence or the liability of an agency agreement
Third party beneficiary
A person that is not a party to a contract but benefits from the contract
Intended beneficiary
A third party beneficiary that is intended to benefit from the contract and acquires rights under the contract
Incidental beneficiary
A third party Beneficiary that acquires no rights under the contract. They cannot sue on the contract
Privity
Having a relationship to the issue or contract at hand
Assign/assignment
The transfer of a right or property interest either by sale, donation, or other means of disposition
Delegate/delegation
The transfer of a duty or an obligation to another party
Assignor
The party that transfers a property interest or right to another