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18 Cards in this Set
- Front
- Back
Agency |
a relationship between 2 parties created by an implied or an express agreement or by law that empowers one of the parties by word or action to legally bind the other. |
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Principal |
One who authorizes another to enter into legal relationships in his or her behalf. |
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Agent |
one who is empowered to alter the legal relations of another. |
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Warranty of principles capacity |
assumption of the law that the agent promises the 3rd party that the principal has capacity. |
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Scope of authority |
employment law, range of contractual acts an organization has authorized an employee to do. |
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express authority |
agency authority directly communicated by the principle to the agent. |
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Power of authority |
any writing that appoints someone as an agent. |
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implied authority |
agency authority that is implied from the grant of express authority |
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Apperent authority |
authority that the principal with knowledge or through negligence permits the agent s to assume or which the principal holds the agent out as possessing |
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Ratification |
Action toward the contracts as though on intends to be bound by it. |
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fiduciary duties |
legal requirement for certain categories of persons, such as agents, to subordinate their personal interest in order to act for the benefit of another person |
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Duty of loyalty |
Agent may not secretly benefit from the agency transaction |
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Duty of obedience |
Requires to follow the reasonable orders and rules of the employer |
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Duty of reasonable care and skills |
requires agent to exercise the degree of care and skill any reasonably prudent person would use in a similar situation. |
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Duty of confidentiality |
Requires agent to treat information about the principal very carefully |
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Duty of accounting |
requires agent to account to the principal of all money and property of the principal that come into an agent position |
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commingling |
mixing the money of the agent and the principal together |
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undisclosed principal |
Principal whose its identity is kept secret from the third party by the agent |