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18 Cards in this Set

  • Front
  • Back

agency

person who has received the power to act on behalf of another, binding that other person as if he or she were themselves making the decisions.

principal

the one who authorizes an agent to act to create one or more legal relationships with a third party.

agent

a person who acts on behalf of another, in particular.

warranty of the principals capacity

is imposed by the law on the agent

scope of authority

Power delegated to an agent under an agency agreement for carrying out the principal's business or instruction.

express authority

specific authority given by a delegator or principal to his or her delegatee or agent, through oral or written, or partly-oral and partly-written, words.

power of attorney

power of attorney that authorizes the agent to act generally on behalf of the principal

implied authority

agent have to arise from the express authority given to the agent or from the principal's acquiescence of the agent's actions.

apparent authority

Legal concept that a principal is liable for the acts of the agent if the principal gives an impression to a third party that the agent acts or speaks for the principal.

ratifaction

Acceptance of an act or agreement that was signed by the confirming party itself.

fiduciary duties

A legal obligation of one party to act in the best interest of another.

duty of loyalty

A law term used to describe a corporate fiduciary's fidelity to the company's interests.

duty of obeedience

members should put the interests of the institution before self interests.

duty of reasonable care and skill

the degree of caution and concern for the safety of themselves and others an ordinarily prudent and rational person would use in the circumstances.

duty of confidentially

obliges a solicitor to respect the confidentiality of his client's affairs

duty of accounting

Focuses on providing financial information useful in evaluating efficiency and effectiveness of managers or department heads.

commingling

Mixing cash with personal funds, a practice that always attracts adverse attention from the taxation people, and may make the offender personally liable for the firm's obligations.

undisclosed principal

is a person who uses an agent for negotiations with a third party who has no knowledge of the identity of the agent's principal.