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Chapter 25
Overview of Agency
13
Business
12th Grade
05/11/2011

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Term
agency
Definition
Legal relationship in which one person is authorized to alter another's legal relationships.
Term
agent
Definition
One who is authorized to alter the legal relations of another.
Term
principal
Definition
One who authorizes another to alter his or her legal relations.
Term
third party
Definition
One who deals with an agent who represents the principal.
Term
scope of authority
Definition
The range of acts authorized by the principal.
Term
fiduciary duties
Definition
Legal requirement that the agent serve the best interests of the principal; specific fiduciary duties are loyalty and obedience, reasonable care and skill, confidentiality, and accounting.
Term
warranty of the principal's capacity
Definition
Assumption of the law that the agent promises the third party that the principal has capacity.
Term
gratuitous agency
Definition
Agency relationship where the agent receives no consideration.
Term
express authority
Definition
Directly communicated by the principal to the agent. It may be oral or written.
Term
power of attorney
Definition
Any writing that appoints someone as an agent, not necessary to be an attorney-at-law.
Term
implied authority
Definition
Agency authority that is implied from the grant of express authority or because of an emergency.
Term
apparent authority
Definition
Created when a principal leads the third party to reasonably believe that a particular person has agency authority. It must always come from the principal's words or conduct.
Term
ratification
Definition
To approve a previously unauthorized act, or an act outside the agent's scope of authority.
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