Agency and the Scope of Authority

Agency and the Scope of Authority - Agency and the Scope of...

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
Agency and the Scope of Authoirty I. Nature of Agency A. Agency i. Agency- consensual relationship between two persons known as principal and agent …agent is authorized to act on behalf of principal ii. Principal, Agent, and Third Party iii. Agent may negotatiate terms of contracts with others and bind her principal to such contracts…exposes themto Tort liability B. Scope of Agency Purposes i. Person may o through an agent whatever business activity he may accomplish personally however whatever he cannot leagally do for himself he cannot authorize another to do C. Other Legal Realtionships i. Employment relationship- employer has right to control physical conduct of employee ii. *Independent contractor- do not have right to control conduct and activities iii. PAGE 327 indepdent contractor requirements iv. All employees are agents….not all agents are employees (independent contractor) II. Creation of Agency A. Agency i. creation through conract or agreement ii. OBJECTIVE TEST: if principal requests another to act for hm with respect t a matter and indicates that other is toa ct without FURTHER COMMUNICATION then agency relationship eists iii. Principal has right to control conduct of agent with respect o matters entrusted in him iv. Gratuitous Agency- agency that exsts without consideration v. Agency by Estoppel - apparent agency 1. P intentionally or negligently causes belief that another person A has authority to on on behalf of P 2. A third person reasonably and in good faith relies on appearances created by P 3. Third aprty changes her position in reliance on A’s apparent
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

Page1 / 4

Agency and the Scope of Authority - Agency and the Scope of...

This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online