05 UST Golden Notes - Agency.pdf - UST GOLDEN NOTES 2011 AGENCY Q What is contract of agency A By contract of agency a person binds himself to render

05 UST Golden Notes - Agency.pdf - UST GOLDEN NOTES 2011...

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UST G OLDEN N OTES 2011 AGENCY Q: What is contract of agency? A: By contract of agency a person binds himself to render some service or to do something in representation or on behalf of another, with the consent or authority of the latter . (Art. 1868 NCC) Q: What are the characteristics of a contract of agency? A: BUNC PP 1. B ilateral If it is for compensation because it gives rise to reciprocal rights and obligations 2. U nilateral If gratuitous, because it creates obligations for only one of the parties 3. N ominate 4. C onsensual It is perfected by mere consent 5. P rincipal 6. P reparatory It is entered into as a means to an end C IVIL L AW T EAM : A DVISER : A TTY . E LMER T. R ABUYA ; S UBJECT H EAD : A LFREDO B. D IMAFELIX II; A SST . S UBJECT H EADS : K AREN F ELIZ G. S UPNAD , L AMBERTO L. S ANTOS III; M EMBERS : P AUL E LBERT E. A MON , A LSTON A NARNA , O ZAN J. F ULLEROS , C ECILIO M. J IMENO , J R ., I SMAEL S ARANGAYA , J R .; C ONTRIBUTORS : L OISE R AE G. N AVAL , M ONICA J UCOM Q: What are the classifications of agency? A: 1. As to manner of creation a. Express agent has been actually authorized by the principal, either orally or in writing b. Implied agency is implied from the acts of the principal, from his silence or lack of action or his failure to repudiate the agency, knowing that another person is acting on his behalf without authority 2. As to character a. Gratuitous agent receives no compensation for his services b. Onerous agent receives compensation for his services 3. As to extent of business of the principal a. General agency comprises all the business of the principal b. Special agency comprises one or more specific transactions 4. As to authority conferred a. Couched in general terms agency is created in general terms and is deemed to comprise only acts in the name and representation of the principal b. Simple or commission agent acts in his own name but for the account of the principal Q: What are the essential elements of an agency? A: CORS 1. C onsent (express or implied) of the parties to establish the relationship; 2. The O bject is the execution of a juridical act in relation to third persons; 3. The agent acts as a R epresentative and not for himself; and 4. The agent acts within the S cope of his authority. Q: Are there any formal requirements in the appointment of an agent? A: GR: There are no formal requirements governing the appointment of an agent. XPN: When the law requires a specific form. i.e. when sale of land or any interest therein is through an agent, the authority of the latter must be in writing; otherwise, the sale shall be void (Art. 1874, NCC) Q: Who are the parties to a contract of agency? Distinguish. A: 1. Principal One whom the agent represents and from whom he derives authority; he is the one primarily concerned in the contract.
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