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Agency Law-. What is a Principal ?. A party who delegates authority to another party. What is an Agent?. A party who agrees to act on behalf of another party. Duties of Principal to Agent. Compensation Indemnification Cooperation Safety. Duties of Agent to Principal. Loyalty Obedience
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What is a Principal ? • A party who delegates authority to another party
What is an Agent? • A party who agrees to act on behalf of another party
Duties of Principal to Agent • Compensation • Indemnification • Cooperation • Safety
Duties of Agent to Principal • Loyalty • Obedience • Due Care • Notification • Accounting
Creation of the principal/agent relationship • The key is the delegation of authority • express • incidental • implied • apparent • emergency • estoppel • ratification
Termination of the principal/agent relationship • By agreement • By events • By operation of law • regardless of how the relationship is terminated, NOTICE IS KEY
Liability for Contracts • Issues • what authority does the agent have? • What type of principal do we have? • Disclosed • Partially Disclosed • Undisclosed
Liability for Torts • Is the agent an independent contractor or an employee? • Control is Key • If the agent is an employee, was he acting within the scope of his authority? • Instructions • Detour/ Frolic • Intentional Torts/ Crimes