(Q4) Principle Agency Law
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Creation of Agency Relationship
A principal appoints an agent to act on their behalf
Types of Agents
• General • Special • Factor • Broker • Attorney in Fact
General Agency
Can do all of the principal’s business of a particular kind
Special Agency
Only authorized to do a specific act or acts
Factor
An agent who sells goods for commission
Factor Del Credere
an agent who guarantees that the person they make a contract with for their client will pay for the goods or services they receive.
Broker
• an agent who negotiates contracts of sale (as of real estate or securities) or other agreements (as insurance contracts or mortgages) between the parties for a fee or commission compare dealer, finder. • finds a buyer for a seller or a seller from a buyer
Attorney in Fact
The person named in a power of attorney to act on your behalf is commonly referred to as your “agent” or “attorney-in-fact.”
Principal
the party who gives legal authority to another (agent) to act on his or her behalf
Who can be a principal or agent?
anyone with contractual capacity
Authority of the Agent
• Expressed Authority • Implied Authority • Customary Authority • Apparent Authority
Expressed Authority
the authority which the principal has expressly given to the agent whether orally or in writing.
Implied/Authority
• the authority to act on behalf of a principal without express authorization from that principal. • Perform acts that a reasonable necessary to accomplish the purpose of the organization
Customary Authority
Apparent Authority