Podcast
Questions and Answers
What is the definition of agency in the context provided?
What is the definition of agency in the context provided?
- A legal relationship where two parties agree to share profits.
- A partnership established for both parties to make decisions together.
- A relationship where one person acts on behalf of another with consent. (correct)
- A contract that allows for the buying and selling of goods.
Which type of authority allows an agent to act based on implied consent from the principal's actions?
Which type of authority allows an agent to act based on implied consent from the principal's actions?
- Implied authority (correct)
- Apparent authority
- Emergency authority
- Express authority
If a principal does not explicitly state to an agent what their duties are, what type of authority might still cover the agent’s actions?
If a principal does not explicitly state to an agent what their duties are, what type of authority might still cover the agent’s actions?
- Express authority
- Implied authority (correct)
- Apparent authority
- None of the above
What constitutes a breach of duty in an agency relationship?
What constitutes a breach of duty in an agency relationship?
What is meant by 'apparent authority' in the context of an agency relationship?
What is meant by 'apparent authority' in the context of an agency relationship?
When can the principal be held liable for the agent's actions?
When can the principal be held liable for the agent's actions?
What does ratification involve in the context of agency?
What does ratification involve in the context of agency?
In determining liability of the principal, which factor is NOT necessary?
In determining liability of the principal, which factor is NOT necessary?
What type of authority did the Agent have to purchase the church bell for the Principal?
What type of authority did the Agent have to purchase the church bell for the Principal?
If a third party knows the identity of the Principal in a transaction, what type of Principal is this considered?
If a third party knows the identity of the Principal in a transaction, what type of Principal is this considered?
Which statement accurately describes Ratification?
Which statement accurately describes Ratification?
In the scenario presented, why is the Principal not liable for the purchase made by the Agent for Greta?
In the scenario presented, why is the Principal not liable for the purchase made by the Agent for Greta?
What determines whether Agent had Apparent Authority in the transaction?
What determines whether Agent had Apparent Authority in the transaction?
What is true regarding the liability of the Principal when the Agent has apparent authority?
What is true regarding the liability of the Principal when the Agent has apparent authority?
What happens when the Principal refuses to ratify the actions of the Agent?
What happens when the Principal refuses to ratify the actions of the Agent?
What would be the likely outcome if Agent used the credentials to buy the bell for another party?
What would be the likely outcome if Agent used the credentials to buy the bell for another party?
What occurs when a Principal does not ratify an Agent's unauthorized purchase?
What occurs when a Principal does not ratify an Agent's unauthorized purchase?
Which of the following describes the term 'apparent authority' in the context of agency?
Which of the following describes the term 'apparent authority' in the context of agency?
What happens to an Agent's actual authority upon receiving a notice of termination from the Principal?
What happens to an Agent's actual authority upon receiving a notice of termination from the Principal?
In the case of the whale oil lamp purchase, what is the implication of the Agent using credentials from the Principal?
In the case of the whale oil lamp purchase, what is the implication of the Agent using credentials from the Principal?
What principle is demonstrated by the statement that a Principal must communicate the termination of authority to third parties?
What principle is demonstrated by the statement that a Principal must communicate the termination of authority to third parties?
What is the financial consequence for the Principal when an Agent purchases an item for more than the authorized amount?
What is the financial consequence for the Principal when an Agent purchases an item for more than the authorized amount?
Why did the Principal remain bound to the purchase of the Bellamy book despite an internal limit on spending?
Why did the Principal remain bound to the purchase of the Bellamy book despite an internal limit on spending?
What does it imply if the Principal does not communicate with the Lampseller after terminating the Agent's authority?
What does it imply if the Principal does not communicate with the Lampseller after terminating the Agent's authority?
What is a requirement for establishing an agency relationship between Principal and Agent?
What is a requirement for establishing an agency relationship between Principal and Agent?
Which of the following best describes express authority?
Which of the following best describes express authority?
What indicates that the Agent operates under a high level of control by the Principal?
What indicates that the Agent operates under a high level of control by the Principal?
Which type of authority is granted based on customary practices?
Which type of authority is granted based on customary practices?
What must occur for an Agent’s implied authority to be valid in a specific transaction?
What must occur for an Agent’s implied authority to be valid in a specific transaction?
In which situation is a Principal likely to be held liable for an Agent's actions?
In which situation is a Principal likely to be held liable for an Agent's actions?
What can be inferred if Principal has not communicated a termination of authority to a third party?
What can be inferred if Principal has not communicated a termination of authority to a third party?
Which of the following is NOT a necessary element for establishing an agent's actual authority?
Which of the following is NOT a necessary element for establishing an agent's actual authority?
What constitutes a breach of the duty of loyalty by the Agent in the context of purchasing the church bell?
What constitutes a breach of the duty of loyalty by the Agent in the context of purchasing the church bell?
Under what condition is the Principal liable for the church bell's purchase despite Agent's breach of duty?
Under what condition is the Principal liable for the church bell's purchase despite Agent's breach of duty?
Why is the Principal not liable based on actual express authority for the book purchase?
Why is the Principal not liable based on actual express authority for the book purchase?
How does secret limiting instruction affect the Principal's liability?
How does secret limiting instruction affect the Principal's liability?
Which statement best describes the concept of apparent authority?
Which statement best describes the concept of apparent authority?
What does the Principal risk by not communicating the termination of the Agent’s authority?
What does the Principal risk by not communicating the termination of the Agent’s authority?
In the context of agency, what is the significance of actual implied authority?
In the context of agency, what is the significance of actual implied authority?
What is an effect of the Agent's breach of the duty of strict obedience?
What is an effect of the Agent's breach of the duty of strict obedience?
What must the Principal do for an Agent to possess apparent authority?
What must the Principal do for an Agent to possess apparent authority?
In which situation is a Principal NOT liable for an Agent's actions?
In which situation is a Principal NOT liable for an Agent's actions?
What was the limitation of the Agent's actual express authority in the purchase of the church bell?
What was the limitation of the Agent's actual express authority in the purchase of the church bell?
What does ratification require from the Principal?
What does ratification require from the Principal?
Which statement regarding a disclosed Principal is accurate?
Which statement regarding a disclosed Principal is accurate?
What might indicate that the Agent had actual implied authority?
What might indicate that the Agent had actual implied authority?
When is an Agent's credential usage considered an indication of apparent authority?
When is an Agent's credential usage considered an indication of apparent authority?
Why did the Principal not wish to ratify the Agent's purchase of the church bell?
Why did the Principal not wish to ratify the Agent's purchase of the church bell?
What was the reason Principal did not ratify the purchase of the Bellamy book?
What was the reason Principal did not ratify the purchase of the Bellamy book?
What happens to the Principal's liability when an agent acts with apparent authority?
What happens to the Principal's liability when an agent acts with apparent authority?
When does an agent’s actual authority terminate in an agency relationship?
When does an agent’s actual authority terminate in an agency relationship?
What is the financial result for Principal after the Agent's unauthorized purchase exceeding the authorized limit?
What is the financial result for Principal after the Agent's unauthorized purchase exceeding the authorized limit?
What is required for apparent authority to be terminated regarding third parties?
What is required for apparent authority to be terminated regarding third parties?
What defines the Agent's authority to purchase the whale oil lamp despite the termination letter?
What defines the Agent's authority to purchase the whale oil lamp despite the termination letter?
What is the implication of the Principal not communicating the Agent's authority termination to the Lampseller?
What is the implication of the Principal not communicating the Agent's authority termination to the Lampseller?
In the context of agency, what can be inferred about a Principal's obligation to pay for unauthorized purchases?
In the context of agency, what can be inferred about a Principal's obligation to pay for unauthorized purchases?
Flashcards
Apparent Authority
Apparent Authority
When a principal (person giving authority) communicates to a third party (someone dealing with an agent) that an agent has the power to act on behalf of the principal.
Ratification
Ratification
When a principal agrees to be bound by an agent's unauthorized actions, knowing about them.
Disclosed Principal
Disclosed Principal
A transaction where the third party knows the identity of the person they're dealing with (the principal).
Actual Express Authority
Actual Express Authority
Signup and view all the flashcards
Actual Implied Authority
Actual Implied Authority
Signup and view all the flashcards
Apparent Authority
Apparent Authority
Signup and view all the flashcards
Agent's Liability (Disclosed Principal)
Agent's Liability (Disclosed Principal)
Signup and view all the flashcards
Ratification Rejection
Ratification Rejection
Signup and view all the flashcards
Agency
Agency
Signup and view all the flashcards
Principal's Intention
Principal's Intention
Signup and view all the flashcards
Agency Requirements
Agency Requirements
Signup and view all the flashcards
Actual Authority
Actual Authority
Signup and view all the flashcards
Express Authority
Express Authority
Signup and view all the flashcards
Implied Authority
Implied Authority
Signup and view all the flashcards
Acquiescence
Acquiescence
Signup and view all the flashcards
Emergency or Necessity
Emergency or Necessity
Signup and view all the flashcards
Termination of Apparent Authority
Termination of Apparent Authority
Signup and view all the flashcards
Liability from an Unauthorized Purchase
Liability from an Unauthorized Purchase
Signup and view all the flashcards
Principal's Right to Sue Agent
Principal's Right to Sue Agent
Signup and view all the flashcards
Actual Authority vs. Apparent Authority
Actual Authority vs. Apparent Authority
Signup and view all the flashcards
Principal's Liability: Actual vs. Apparent Authority
Principal's Liability: Actual vs. Apparent Authority
Signup and view all the flashcards
Credentials as Evidence of Authority
Credentials as Evidence of Authority
Signup and view all the flashcards
Principal's Liability
Principal's Liability
Signup and view all the flashcards
Agency Relationship
Agency Relationship
Signup and view all the flashcards
Agent's Authority
Agent's Authority
Signup and view all the flashcards
Control Over Agent
Control Over Agent
Signup and view all the flashcards
Secret Limiting Instructions
Secret Limiting Instructions
Signup and view all the flashcards
Disclosed vs. Undisclosed Principal
Disclosed vs. Undisclosed Principal
Signup and view all the flashcards
Agent's Breach of Duty
Agent's Breach of Duty
Signup and view all the flashcards
Principal's Liability: Apparent vs. Actual
Principal's Liability: Apparent vs. Actual
Signup and view all the flashcards
Principal's Liability for Unauthorized Purchases
Principal's Liability for Unauthorized Purchases
Signup and view all the flashcards
Principal's Liability for Unauthorized Actions
Principal's Liability for Unauthorized Actions
Signup and view all the flashcards
Agent's Authority: Express vs. Implied
Agent's Authority: Express vs. Implied
Signup and view all the flashcards
Agent's Authority Terminated
Agent's Authority Terminated
Signup and view all the flashcards
Study Notes
American Law Take-Home Exam - Outline of Issues
- Liability of Principal to Bellseller: The key issue is whether the agent had the authority to purchase an item on behalf of the principal, and if so, whether the principal is bound to pay for it.
Formation of Agency
-
Definition: Agency is a relationship where one person (principal) intends that another (agent) acts on their behalf. Crucial elements include intention, capacity, consent and control.
-
Capacity: A principal and agent must be considered adults, and not disqualified.
-
Consent: The agent must consent to act on behalf of the principal.
-
Control: The principal must have control over the agent's conduct. This includes training, giving credentials, instructions, and use of principal's forms.
Types of Authority
-
Actual Authority: Includes express authority(explicit permission from the principal to the agent), and implied authority (authority inferred from the agent's position or circumstances).
-
Apparent Authority: This arises when the principal communicates to a third party that the agent has authority to act on their behalf.
-
Ratification: The principal agrees to be bound by an agent's unauthorized actions. Ratification requires actual knowledge.
Disclosed Principal Liability
- Disclosed Principal: A principal whose identity is known to the third party involved in a transaction. In this case, the principal is liable if the agent had the authority to bind them.
Agent's Authority in This Transaction
-
Actual Express Authority: Agent had express authority to buy the church bell (limited to Principal's price range), but not for Greta.
-
Actual Implied Authority: No implied authority was found to buy a bell for a rival.
-
Apparent Authority (in purchasing the bell): Principal is liable because Agent had apparent authority, established through credentials and other communications to third parties(like Bellseller).
-
Ratification of the Bell purchase: Principal did not ratify the purchase, as they rejected the transaction.
-
Agent Breach of Duty: Buying the church bell for Greta while owed loyalty to Principal constituted a breach. This is the principal’s duty of undivided loyalty is breached.
Liability of Principal to Tomeseller
-
Actual Express Authority (in purchasing the book): Agent exceeded the authorized limit of $8,000, thus the principal is not liable.
-
Actual Implied Authority (in purchasing the book): There was no basis for implied authority of paying beyond the stated limits.
-
Apparent Authority (in purchasing the book): The principle is liable as agent has apparent authority to buy.
-
Ratification of the Book Purchase: The principal did not ratify the purchase of the book.
Liability of Principal to Lampseller
-
Actual Authority Terminated: Agent's actual authority was terminated by a letter from the principal.
-
Apparent Authority (in purchasing the lamp): Principal was still liable, since agent had apparent authority when buying the lamp.
-
Ratification of the Lamp purchase: Principal did not ratify the purchase.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.