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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.

Principal

One who authorizes another to enter into legal relationships in his or her behalf.

Agent

one who is empowered to alter the legal relations of another.

Warranty of principles capacity

assumption of the law that the agent promises the 3rd party that the principal has capacity.

Scope of authority

employment law, range of contractual acts an organization has authorized an employee to do.

express authority

agency authority directly communicated by the principle to the agent.

Power of authority

any writing that appoints someone as an agent.

implied authority

agency authority that is implied from the grant of express authority

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

Ratification

Action toward the contracts as though on intends to be bound by it.

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

Duty of loyalty

Agent may not secretly benefit from the agency transaction

Duty of obedience

Requires to follow the reasonable orders and rules of the employer

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.

Duty of confidentiality

Requires agent to treat information about the principal very carefully

Duty of accounting

requires agent to account to the principal of all money and property of the principal that come into an agent position

commingling

mixing the money of the agent and the principal together

undisclosed principal

Principal whose its identity is kept secret from the third party by the agent