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18 Cards in this Set

  • Front
  • Back

Agency

A relationship between two parties created by an implied or an express agreement or byla

Principal

The person who so empowers another to enter into legal relationships in his or her behalf

Agent

The party that is empowered

Warranty of the Principals

A general consequences of this potential for avoidance

Scope of authority

An agent must act withing the granted in order to bind the principal

Express authority

A communicated directly by the principle to the agent

Power of authority

Any writing that appoints someone as an agent

Implied authority

The power to do anything that is reasonably necessary or customary out the duties expressly authorized

Apparent Authority

The authority that the principle holds the agent to assume

Ratification

An act outside the agents scope of authority

Fiduciary duties

They require certain categories of persons such as agents, for their interests in order to act for the benefits of another.

Duty of Loyalty

The agent may not secretly benefit from the agency transaction

Duty Of Obedience

The agent must carefully obey the instructions of the principal.

Duty of reasonable care & skills

The representing of ones principal an agent must satisfy


Duty of confidential

Information that is meant to be confidential is confidential

Duty of accounting

Requires an agent to account to the principal for all money and property of the property of the principal

Commingling

The duty of accounting prohibits the agent from commingling

Undisclosed Principal

Agent is liable on a contract entered into in under circumstances.