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14 Cards in this Set

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  • Back
A situation in which conduct of a principal causes a third party to believe that the principal consents to have an act done on his behalf by a person purporting to act for him when, in fact, that person is not acting for the principal.
Apparent authority
(1) The harm that a plaintiff complains of at trial, such as an injury to her person or money lost because of a contract breach. (2) Money awarded by a trial court for injury suffered.
Out of fairness, a person is denied the right to assert a claim.
Conduct of a principal that, reasonably interpreted, causes the agent to believe that the principal desires him to do a specific act.
Express authority
An obligation to behave in a trustworthy and confidential fashion toward the object of that duty.
Fiduciary duty
If the third party in an agency relationship knows the identity of the principal, that principal is fully disclosed.
Fully disclosed principal
When a principal directs an agent to undertake a transaction, the agent has the right to do acts that are incidental to it, usually accompany it, or are reasonably necessary to accomplish it.
Implied authority
A promise to pay someone else's obligations.
Someone who undertakes tasks for others and whose work is not closely controlled
Independent contractor
If the third party in an agency relationship knows that the agent is acting for a principal, but does not know the identity of the principal, that principal is partially disclosed.
Partially disclosed principal
In an agency relationship, the principal is the person for whom the agent is acting.
A rule of agency law holding that a principal is liable when a servant acting within the scope of employment commits a tort that causes physical harm to a person or property.
Respondeat superior
An agent whose work is closely controlled by the principal.
If a third party in an agency relationship does not know that the agent is acting for a principal, that principal is undisclosed.
Undisclosed principal