Va Bar - Agency

Front 1

Creation of Agency

Back 1

(1) Capacity;
Principal = contractual capacity
Agent = minimal capacity
(2) Consent of the parties; and sometimes
(3) Writing (when contract agent entering into is subject to statute of frauds)

Front 2

Agent Duties

Back 2

(1) Loyalty
(2) Obedience
(3) Reasonable Care

Front 3

Actual Express Authority

Back 3

Express to Agent (not third parties unless writing required)

Front 4

Actual Implied Authority

Back 4

Can arise from
(1) Incidental to Express Authority,
(2) Arising out of custom,
(3) Resulting from prior acquiescence by principal, (4) To take emergency measures,
(5) Custom
(6) pay for and accept delivery of goods

Front 5

Termination

Back 5

(1) Lapse
(2) Happening of Specified Event
(3) change in circumstances
(4) breach of fiduciary duty
(5) unilateral termination of either party
(6) by operation of law (death, loss of capacity)

Front 6

Apparent Authority

Back 6

Involves giving a third party reason to believe that an agent had authority.

Principal gives agent apparent authority by making some indication to third party that agent has authority. (Positions, prior acts)

Front 7

Ratification

Back 7

In VA cannot alter the terms of the contract

Front 8

Vicarious Liability Analysis

Back 8

(1) is the employee an agent or independent contractor? does the principal have the right to control the manner in which the task is carried out?

(2a) if agent, was the act within the scope of the agency?

(2b) if contractor, was the act inherently dangerous, nondelegable, or did the principal knowingly select an incompetent contractor? Did the principal hold the contractor out as an agent?

Front 9

Frolics vs Detours

Back 9

Frolics are major deviations requiring substantial departure from employment and are beyond scope.

Detours are minor deviations from the employer's direction and are within the scope.

Motivation is determinative (whether or not action was predominantly intended to serve principal)