1) Agency by agreement or implied per express (oral or written) conduct

2) Agency by ratification

3) Agency by estoppel

4) Agency by operation of law

5) Agency by Necessity

It is formed by express (written or oral agreement) or implied by conduct

What is the equal dignity rule?

What is an example?

If the underlying matter relating to the contract must be in writing to be enforceable, then the agency relationship mus  also be in writing.

So under the equal dignifity rule and the statute of frauds, your relationship with your real estate agent must be in writing to be enforceable

What does the statute of frauds cover?

(MY LEGS)

M- Marriage- Conracts made in the consideration of marriage

Y- Year- Contracts that cannot be performed on their face in one year

L- Land- Contracts related to the transfer or land/ the hiring of a real estate agent.

E- Executor- Contracts where an executor agrees to cover the debts of an estate using their own money

G- Goods- Under Article II of UCC- The Sale of Goods for over $500

S- Surety- A secondary promise

There was not an agency agrement when something was originally done but then the principal agency ratifies the agency afterwards.

Basically principal agree to the agency after the fact

an agent can receive authority through apparent authority.

This is the authority that an agent seems to have judged by the words or actions of the people that give authority or by the agent's own words or authority (so i.e. it does not seem like an unlikely extension of authority they normally have)

So if a third person believes that you have authority to act as an agent based on the words or actions of a principal

So it's not actual authority but just apparent authority.

1) perforamnce: reasonable skill unless a specialist)

2) Notification to the principal of all relevant information or events

3) Loyalty- you cannot have a conflict of interest Everything the adgent does for the principal must be done for the principal's benefit.

4) Accounting- unless otherwise agreed, the agent must keep account of all money it take in and lets out on behalf of the agency

1)Compensation- Expressed or implied (but should be in writing or implied in the service arragement o go places, get  costs of travel covered, for time)

2) Reimbursement for expenses- so the agent may indemnify the agent if they suffer a liability based on the principal's directin, the prinicpla must pay for the liablity

3) Cooperation- the prinicpals must cooperate with the agent and by available for them 

If a servent does something wrong, the master is liable

However,  an indedpendent contract is not an employee and this keeps their liability down.

What can happen with regards to a long-term indepdentent contract?

What is an example of this?

What do we have to think about with regards to this.

It can be hard to determine if an independent contraor that keeps being recontracted for most of a year and takse direction from thecompany, whether or not they could be considered an employee.

Ithis happens a lot iwth true of counsel at a low firm.

So we have to think about  the IRS (reporting income), contracts and torts when figuring out whther an independent contract is an employee or an independent contract.

The principal is liable for acts entered into by the agent when she give the agent real or actual authority

So in order to determine the liability, we must figure out the scope of authority given to the agent.

The principal's liabity for a contract depends on whther or not the agent's actions were authorize or unauthorize. This depends on whether or not the principal has disclosed their liability.

How is liable for a contract when the agent discloses that they are an agent but does not say who the principal is?

What kind of disclousre is this referred to as?

If you say you are an agent but do not give the name of the principal, then both the agent and the principal are liable.

this is called partial disclosure

Who is liable for a contract when the agent does not disclose that they are an agent at all?

What kind of disclosure is this?

If you are an agent and you do not even disclose that you are an agent and don't disclose the name of the principal, then you are liable.

this is non-disclosure.

Under Respondeat superior, usually the principal is liable if the agent does something within the scope of authorty of their employment. If the employee was on frolic or detour, then the  principal picks up the tab.

So if a driver gets into a wrecek during employment while picking up lunch, then they would be considered on frolic and the employer would not be responsible. 

-lapse of time as stated in the contract

- The Purpose the agency was undertaken is achieved (i.e. house is sold)

- Mutuatl agreement

0 by one party (if there is a clause that permis this in the original contract)

1) act of a party

2) by operation of law

1) Death or insanity (adjjudicated to be so)

2) Impossibility

3) Changed circumstance

4) war or acts of terrorism

5) bankruptcy