Term
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Definition
| agency is a relationship that arises when one person (the P) manifests an intention that another person (the A) shall act on his behalf. |
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Term
| Capacity requirements for P and A |
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Definition
a. P – must have contractual capacity – thus minors cannot appoint agents.
b. A – need only minimal capacity – minors can be agents. |
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Term
| P - A relationship requirements |
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Definition
Assent - b/w P with capacity and A
Benefit - be for P's benefit
Control - right to control A: power to supervise |
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Term
| Liability from sub-agents |
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Definition
| Ask: Assent or control? usually none. Same with borrowed agent |
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Term
| Liability from Independant Contractor |
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Definition
| generally no. Exceptions: ultra-hazardeous activities, estoppel, nondelegatable duties (stuff like landowner duties, etc), negligent selection |
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Term
| Scope of P-A relationship |
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Definition
Ask: kind of conduct hired to perform
frolic - new and independant journey
detour - mere departure from
Action done to benefit P?
Intentional torts - outside scope unless inherit part of work |
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Term
| Contracts for P framework |
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Definition
Was there Authority? If so, disclosed, partially disclosed, or undisclosed?
Was it ratified? |
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Term
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Definition
Actual Express Auth - oral or written
Actual Implied Auth - A reasonably believes P gave authority (necessity, custom, prior dealing, implied emergency)
Apparent Auth - holds out, and relied on |
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Term
| What is equal dignitories doctrine |
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Definition
| if K itself should have been in writing, authority conveyance to A must be in writing too |
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Term
| Revocation of exp. authority |
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Definition
Unilateral act by P or A
Death/Incapacity of P
(unless durable power of attorney) |
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Term
| Types of apparent authority that can come up |
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Definition
Secret limiting instruction - A has actual, but P secretly limited scope of authority
Lingering Authority - Terminated authority but A keeps acting. Must notify 3rd party |
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Term
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Definition
P knows about material facts of K
P accepts benefit
(ratification must accept all contents of K, not modify) |
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Term
| What happens with K liability? |
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Definition
Authority exists - P liable, A not
Authority does not exist - A liable, P not
Partially disclosed or Undisclosed P: Agent (must be authorized) may be liable if 3rd party wants him to be |
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Term
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Definition
Reasonable care
Obey instructions
Loyalty |
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Term
| Remedies for P to recover A's breach of loyalty |
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Definition
| Disgorge profits, losses from breach |
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