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CPCU 530 - Chapter 11
Definitions
19
Other
Not Applicable
12/09/2007

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Term
Agency
Definition
a legal, consensual relationship that exists when one party, the agent, acts on behalf of another party, the principal
Term
Principal
Definition
the party in an agency relationship that authorizes the agent to act on that party’s behalf
Term
Agent
Definition
in an agency relationship, the party that is authorized by the principal to act on the principal’s behalf
Term
Power of attorney
Definition
a written document by which a principal gives an agent the power to sign personal documents on the principal’s behalf
Term
Agency by estoppel
Definition
an agency relationship created by a principal’s words or conduct that causes a third party to reasonably believe that an agency exists
Term
Ratification
Definition
an agency relationship created when a purported principal affirms the act of a party who acted as the principal’s agent without prior authorization
Term
Actual authority
Definition
the authority, both express and implied, that a principal intentionally gives to an agent
Term
Express authority
Definition
the actual authority conferred by a principal on an agent by custom, usage, or a principal’s conduct indicating the intention to confer such authority
Term
Apparent authority
Definition
the authority that a reasonable person could believe that an agent has to act on a principal’s behalf
Term
Ministerial duties
Definition
the routine or mechanical tasks performed by agents
Term
General lien
Definition
a creditor’s legal right or interest in a debtor’s property until satisfaction of any debt; in an agency, the agent’s right in a principal’s foods and papers held by the agent until all accounts between the principal and agent are settled
Term
Special lien
Definition
a creditor’s legal right or interest in specific property until satisfaction of a debt related to that property; in an agency, the agent’s right to retain a principal’s property until the account for the immediate transaction between the principal and agent is settled
Term
Disclosed principal
Definition
a principal whose existence and identity are known to the third party dealing with the agent
Term
Partially disclosed principal
Definition
a principal whose existence is known, but whose identity is not known, to the third party dealing with the agent
Term
Undisclosed principal
Definition
a principal whose existence is unknown to the third party dealing with the agent
Term
Master-servant relationship
Definition
a relationship in which an employer (master) has vicarious liability for any harm the employee (servant) causes to third parties while acting within the scope of the employment
Term
Respondeat superior
Definition
the legal principle under which an employer is vicariously liable for the torts of an employee acting within the course and scope of the employment
Term
Employee
Definition
a person who is hired to perform services for another under the direction and control of the employer
Term
Independent contractor
Definition
an agent hired to undertake a specific project but left free to do the work and choose the method for the project.
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