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Unformatted text preview: Introduction to Agency Definitions Who is an agent? Gordon v. Doty Gay Jensen Farms v. Cargill Co Liability of Principals to third parties in contract Mill Street Church of Christ v. Hogan Dweck v. Nasser Agency Law: A Basic Conceptual Diagram Restatement of the Law (Second) Agency 1 Agency is the fiduciary relation which results from (1) the manifestation of consent by one person [the principal] (2) to another [the agent] that the other shall act on his behalf and subject to his control, and (3) consent by the other to so act. Compare Restatement (third) of Agency 1.01 6 major ways to establish a Principal/Agent relationship 1. Actual express authority (AEA) 2. Actual implied authority (AIA) 3. Apparent authority (AA) 4. Inherent Agency Power (IAP) 5. Ratification (R) 6. Estoppel Note: the same legal consequences flow regardless of how P-A relationship is established. Forming an Agency Relationship The two most common ways to establish a P/A relationship 1. Actual express authority (AEA) P and A explicitly agree that A has the power to act on Ps behalf and subject to Ps control 2. Actual implied authority (AIA) Relationship (eg, contractual) between P & A is such that one can reasonably infer parties intended to delegate A power to act on Ps behalf and subject to Ps control Who is an Agent? AEA: Gorton v. Doty Restatement of the Law (Second) Agency 1 Agency is the fiduciary relation which results from (1) the manifestation of consent by one person [the principal] (2) to another [the agent] that the other shall act on his behalf and subject to his control, and (3) consent by the other to so act. Compare Restatement (third) of Agency 1.01 AEA: Gorton v. Doty Apparent Authority Dweck v. Nasser Three-Seventy Leasing Corporation v. Ampex Inherent Agency Power Watteau v. Fenwick Ratification Botticello v. Stefanovicz Estoppel Hoddeson v. Koos Bros. Agents Liability on the Contract Atlantic Salmon A/S v. Curran Restatement of the Law (Second) Agency 1 Agency is the fiduciary relation which results from (1) the manifestation of consent by one person [the principal] (2) to another [the agent] that the other shall act on his behalf and subject to his control, and (3) consent by the other to so act. Compare Restatement (third) of Agency 1.01 6 major ways to establish a Principal/Agent relationship 1. Actual express authority (AEA) 2. Actual implied authority (AIA) 3. Apparent authority (AA) 4. Inherent Agency Power (IAP) 5. Ratification (R) 6. Estoppel Note: the same legal consequences flow regardless of how P-A relationship is established....
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This note was uploaded on 10/18/2011 for the course LAW 700 taught by Professor Kim during the Spring '10 term at USC.

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