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I don't mean "Agency of the Government"

2006-08-05 18:52:35 · 4 answers · asked by april_murcia 1 in Politics & Government Law & Ethics

4 answers

an agency is a relationship whereby one person acts on behalf of the other. for example a lawyer acts as their clients agent during any litigation or real estate transactions.

2006-08-11 09:48:19 · answer #1 · answered by canadian_beaver_77 4 · 0 0

Agency

Under the law of agency, if a person is injured in a traffic accident with a delivery truck, the truck driver's employer may be liable to the injured person even if the employer was not directly responsible for the accident. That is because the employer and the driver are in a relationship known as principal-agent, in which the driver, as the agent, is authorized to act on behalf of the employer, who is the principal.

The law of agency allows one person to employ another to do her or his work, sell her or his goods, and acquire property on her or his behalf as if the employer were present and acting in person. The principal may authorize the agent to perform a variety of tasks or may restrict the agent to specific functions, but regardless of the amount, or scope, of authority given to the agent, the agent represents the principal and is subject to the principal's control. More important, the principal is liable for the consequences of acts that the agent has been directed to perform.

A voluntary, good faith relationship of trust, known as a fiduciary relationship, exists between a principal and an agent for the benefit of the principal. This relationship requires the agent to exercise a duty of loyalty to the principal and to use reasonable care to serve and protect the interests of the principal. An agent who acts in his or her own interest violates the fiduciary duty and will be financially liable to the principal for any losses the principal incurs because of that breach of the fiduciary duty. For example, an agent who accepts a bribe to purchase only the goods from a particular seller breaches his fiduciary duty by taking the money, since it is the agent's duty to work only for the best interests of the principal.

An agency relationship is created by the consent of both the agent and the principal; no one can unwittingly become an agent for another. Although a principal-agent relationship can be created by a contract between the parties, a contract is not necessary if it is clear that the parties intend to act as principal and agent. The intent of the parties can be expressed by their words or implied by their conduct.

2006-08-06 14:27:30 · answer #2 · answered by Anonymous · 0 0

When I hear or speak of agency regarding individuals, it is that person making a choice and acting on it on his own, with no outside influence. When a choice is made using one's agency, that person is also responsible for the consequences.

2006-08-05 18:58:53 · answer #3 · answered by ewema 3 · 0 0

The law of agency is the body of legal rules and norms concerned with any principal - agent relationship, in which one person (or group) has legal authority to act for another. The law of agency is based on the Latin maxim "Qui facit per alium, facit per se," which means "he who acts through another is deemed in law to do it himself."

Hugo Grotius spoke of agency in his treatise On the Law of War and Peace, written in 1625. In particular, see Book 2, Chapter XI, Sec. XII: "We are obliged to confirm the engagements made by others, acting in our name, if it is evident that they had special, or general instructions from us to do so. And in granting a commission with full powers to any one, it may so happen that we are bound by the conduct of that agent, even if he exceed the secret instructions which he has received. For he acts upon that ostensible authority, by which we are bound to ratify whatever he does, although we may have bound him to do nothing but according to his private instructions."

2006-08-05 21:09:47 · answer #4 · answered by Anonymous · 0 0

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