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Agents and Agency Defined. Types of AgentsGeneral agentSpecial agentPower of attorney. How Agencies Are Created. Express agencyImplied agencyOstensible agenciesAgency by estoppelAgency by ratificationDual agency. Proof of Agency . Authority of AgentsExpress authorityImplied authorityDele
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1. Chapter 2: Law of Agency
Lecture Outline
2. Agents and Agency Defined Types of Agents
General agent
Special agent
Power of attorney
3. How Agencies Are Created Express agency
Implied agency
Ostensible agencies
Agency by estoppel
Agency by ratification
Dual agency Discuss Californias dual agency and compare it with facilitator idea, as well as designated agency where one agent within an office is the sellers agent and another agent in the same office is the buyers agent. Neither facilitator nor designated agency can be used in California. Go over the agency disclosure form in class. Suggest discussion of L. Byron Culver case.Discuss Californias dual agency and compare it with facilitator idea, as well as designated agency where one agent within an office is the sellers agent and another agent in the same office is the buyers agent. Neither facilitator nor designated agency can be used in California. Go over the agency disclosure form in class. Suggest discussion of L. Byron Culver case.
4. Proof of Agency Authority of Agents
Express authority
Implied authority
Delegation of agents authority
5. Duties of an Agent Fiduciary duties
Full disclosure
Due care
Loyalty
Honesty
Integrity
Obedience
Agents duty Discuss Roberts v. Lomanto case. Discuss Furla v. Jon Douglas Co. case.
Discuss Roberts v. Lomanto case. Discuss Furla v. Jon Douglas Co. case.
6. Liability of Agents
Liability of Principals
Breach of Agency
Termination of Agency
Agency coupled with an interest