Wednesday, April 6, 2011

Agency

The relationship of principal and agent. It ends with the death of either party, or by unilateral revocation on the part of the principal or renunciation on the part of the agent.  If the agency is created by contract, unjustified revocations on renunciation consists a breach of contract, but the agency is non the less terminated. An agency which is coupled with an interest in the subject matter may not be terminated by the principal without the agent's consent. Nor may the principal terminate the agency where the principal owes money to the agent for expenses incurred in connection with the agency.

Agency may be express, implied or ostensible. By express authority, the agent has powers granted in set terms. But implied authority, he has in addition whatever powers are reasonably necessary to carry out effectively his express powers.  He has likewise, as ostensible authority, those powers which third persons dealing with an agent, may reasonably assume him to have, even though the principal has expressly refused these powers in creating the agency.  A principal is liable for the torts of his agent's employment.

The express and implied powers in no way depend on whether third parties relay on their existence or not.

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