Understanding Agency and Agent's Authority in Business

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22 Terms

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Agency

Legal relationship allowing one to act for another.

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Principal

The person who grants authority to an agent.

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Agent

Individual authorized to act on behalf of the principal.

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Actual Authority

Directly granted authority by the principal.

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Express Actual Authority

Authority explicitly stated in words or writing.

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Implied Actual Authority

Authority inferred from conduct or relationship nature.

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Toll v Alphapharm

Case confirming agent binds principal within actual authority.

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Actual Implied Authority

Authority to perform necessary actions for express instructions.

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Apparent Authority

Authority perceived by third parties from principal's conduct.

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Freeman & Lockyer v Buckhurst Park Properties

Case establishing liability from apparent authority representation.

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Panorama Developments v Fidelis

Case showing company bound by secretary's apparent authority.

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Pacific Carriers Ltd v BNP Paribas

Case illustrating authority from misleading principal representations.

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Consent

Principal's agreement required for implied authority to exist.

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Third Party

Individual relying on agent's authority in transactions.

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Liability

Responsibility for actions taken by an agent.

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Civil Liability

Legal responsibility for non-criminal acts.

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Criminal Liability

Legal responsibility for criminal acts.

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Business Practices

Standard actions typical in a specific industry.

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Managing Director

Role with implied authority for common managerial tasks.

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Representation

Principal's communication leading to third party's belief in authority.

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Omissions

Failure to act that can imply authority.

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Reasonable Reliance

Third party's justified belief in agent's authority.