Ba--K Liability B/t P And 3P

Front 1

Generally

Back 1

-P liable to 3P for all A's conduct within scope of authority
-party seeking to enforce the K has burden of proving that A relationship exists
-if K is implied bc P receives a benefit, then 3P can seek redress in restitution

Front 2

Negotiable instruments

Back 2

-P is liable only if he is named on the instrument otherwise liability ends with Agent

UNLESS

P is doing business under a bz name and the A signs the bz name

Front 3

Statute of Frauds

Back 3

memo signed/authorized by A is sufficient
-must be some writing signed by P who is named in the suit
-need not be formal, K just some indication of intent to enter/be bound
-memo may be enforceable against undisclosed P

Front 4

Conveyances of Property

Back 4

P's name must be on conveyance where P is recorded owner of property

Agent can sign deed on behalf of P

if title is in agent;s name A's name must appear on conveyance

Front 5

When P is fully disclosed

Back 5

P is liable for any K's entered into by Agent

Only P can be obligated to perform

Front 6

When P is partially disclosed...

Back 6

both A and P are liable but 3P is only entitled to recovery from either A or P

Front 7

When P is undisclosed

Back 7

both A and P are liable but 3P is only entitled to recovery from either A or P

is A has no authority, P must have ratified the K.

Front 8

When P is undisclosed--subsequent events affecting 3P

Back 8

when A and P reach settlement agreement, it is binding on the debt and the 3P's who are unaware of P's existence

protects undisclosed P from double payment

Front 9

When P is undisclosed--subsequent events affecting undisclosed P

Back 9

if A has power to modify agreement, then rights of P may be changed