CHAPTER 10 Flashcards
(11 cards)
Agent
A person who is employed on behalf of others , or represents other in dealings with third party.
Principal
The person for whom such acts are done who is so represented is called principal.
Examples of agent
A person engaged another person to sell moveable or immoveable property on his behalf.
A person authorized another person to collect rent from tenants of his property.
A person employed another person to manage his shop.
Who can be agent
Any person can become agent. If agent is a minor or person of unsound mind he will not be liable in case of breach of duties i.e in case of negligence or if he exceeds authority
Who can appoint agent
Only a person with age of majority and who is of sound mind can appoint agent.
Authorities of agent
Actual authority (express + implied authority )
Authority in emergency
Authority in ostensible / Apparent authority
Express authority
Authority expressively given by principal to agent either orally or in writing
Implied authority
authority which is necessary to complete a duty. derived from circumstances of case.
Authority in emergency
real emergency
unable to contact principal
agent act in best interest of principal.
Ostensible / apparent / by estoppel
principal gives representation to third party that agent has authority , third party make agreement on such representation
When is agent liable
If an agent exceeds his authority , he is liable to compensate loss , unless emergency situation or principal ratifies it