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Bus120
Chapter 13a Agency Law
13
Law
Undergraduate 2
11/19/2007

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Term
Actual authority
Definition

In agency law, the permission or responsibility to do something that has been given by a principal to his agent, often extending to dealings with third parties.  It can arise from either express or implied agreement between them.

 

John asked Marvin to sell his jeep for $35,000; Marvin proceeded to do so, acting under _____ _____.

Term
Agency agreement
Definition

An agreement between a principal and his agent whereby the latter is given permission or authority to do something on the principal’s behalf. 

 

The law deems the parties to have entered into an _____ _____ when the defendant agreed to sell the plaintiff’s coin collection for a sum of no less than $100,000 for a commission of 10 percent.

Term
Agency by estoppel
Definition

A relationship of agency that is deemed by law to arise when a principal has by her conduct caused a third party to reasonably suppose that the agent had actual authority when dealing with the third party.  An agency arising from the agent’s apparent authority.

 

The court held that _____ _ _____ applied

 because the retailer had failed to advise its customers that the buying authority of its purchasing agent had been drastically reduced.

Term
Apparent authority
Definition

In agency law, the authority do something that an agent appears to have on behalf of her principal to a third party, but which in fact had not been granted to the agent, but which the reasonable person would say a third party had reason to believe had been granted because of the principal’s words or conduct to the third party.

 

John reduced Marvin’s authority to make purchases without company approval from $5,000 to $3,000, but did not make this reduction known to George.  When Marvin purchased the item from George for $4,500, he was, acting under his _____ _____.

Term
Breach of warranty of authority
Definition

In agency law, any situation where an agent causes harm to a third party as a result of acting without actual authority on behalf of her principal or without apparent authority for which her principal would be found liable.  The third party can claim proven damages from only the agent for such breach.

 

The defendant was found liable for damages of $10,000 for _____ _ _____ _ _____ when he led the plaintiff to believe that he had the authority to lease the property on behalf of the property owner when in fact he did not and the property owner gave no such indication to the plaintiff either.

Term
Express authority
Definition

That kind of actual authority that is expressly spoken or written in the agreement between the principal and his agent, as opposed to actual authority that may just be implied.

 

The agent had the _____ _____ to sell the vehicle for $40,000; under that he had the  implied authority to advertise the car and to allow prospective customers to test drive it.

Term
Fiduciary duty
Definition

The legal duty to act in a trustworthy manner, that is in the best interests of another party and to make full disclosure of what one does. Examples of fiduciary relationships include those between agents and their principals, directors and their companies, partners and the partnership, key employees and their employers, as well as professionals and their clients.

 

The _____ _____ owing by the defendant director to his company, compelled him to disclose his personal interest in the property to the other directors before he bought it.

Term
Implied authority
Definition

That kind of actual authority that is implied in an agreement between the principal and his agent, as opposed to actual authority that is expressly spoken or written.  An agent’s _____ _____ always falls under the umbrella of her express authority.

 

The agent had the _____ _____ to advertise the sale of the vehicles in the newspaper, even though that had not been specifically stated when she received instructions from her principal to sell the vehicles on his behalf.

Term
Power of attorney
Definition

A specific kind of express agency agreement in written form in which a principal gives authority to her agent (attorney) to act on her behalf.  In B.C. powers of attorney can be either specific or general.

 

Prior to going on a four-week backpacking expedition, the seller of the house granted a _____ _ _____ to his nephew to sign any documents relating to the sale of the house.

Term
Buy-sell clause
Definition

A term in a partnership agreement in which it is agreed that, upon reasonable notice, one of the partners has the right to sell his interest in the partnership to the other partners, without having to resort to the courts to enforce that right.  It can also be a term in a shareholders agreement in which one of the shareholders has the right to sell his shares in the company to the other shareholders.

 

Because the partnership had a _____-_____ clause in it, the plaintiff gave six months’ notice that the other three partners would have to buy out her $40,000 interest in the firm.

Term
Joint venture 
Definition

Two or more businesses that get together in a common business undertaking or project of limited duration.  A _____ _____ could be deemed a partnership in law if it is considered a business carried on for profit for any extended period of time; it can also become incorporated as a company in its own right .

 

The five oil companies formed a _____ _____ to conduct offshore exploration for natural gas off the coast of Labrador for three years starting in May 2005; each of the companies shared the profits, losses and management of the project during that time.

Term
Partnership
Definition

A form of business organization in which two or more persons carry on a business for the purpose of making a profit.  That general definition is tempered by a number of exceptions depending upon such factors as whether the parties share gross or net profits, etc.

 

The court said that the defendants’ business was a _____ because the parties involved shared the net profits that were received from their joint operation of the skidoo rental business.

Term
Sole proprietorship
Definition

A form of business organization in which only one person owns and manages the business; accordingly, the law does not make a distinction between the person and her business; the debts of the business are the personal debts of the person running the business.

 

The bakery business was run as a _____ _____; its debts  were the debts of Mr. Oliver Jones, who owned and managed the business.

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