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5 Cards in this Set
- Front
- Back
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Who Is an Agent?
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Agency is the relationship which results from the manifestation of consent by one person to another that the other shall act on his behalf and subject to his control, and consent by the other so to act. (Gorton v. Doty)
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Principal and Agent?
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A fiduciary agency relationship merely requires a manifestation of consent by one person to another that the other shall act on his behalf and subject to his control, and consent by the other so to act regardless of whether a contract was formed or the intent of the parties was to be bound by the legal obligations of that relationship. (A. Gay Jenson Farms Co. v. Cargill)
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The Agent's Authority
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Implied authority is actual authority that is proven circumstantially to indicate that the principal intended to delegate powers to the agent that are necessary for carrying out the agent's duties, and one major circumstantial factor is prior work performed by agent for principal. (Mill Street Church v. Hogan)
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The Agent's Authority
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There are three separate sources of an agency relationship: (1) actual authority expressly granted either orally or in writing (2) implied authority is a derivation of actual authority and often means actual authority (3) apparent authority is such power as a principal holds his agent out as possessing or permits him to exercise under such circumstances as to preclude a denial of its existence. (Dweck v. Nasser)
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The Agent's Authority
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No matter how often the agent asserts apparent authority, it does not mean that he does. It has to come from the principal.
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