agency

A relationship between two persons, by agreement or otherwise, where one (the agent) may act on behalf of the other (the principal) and bind the principal by words and actions. Relation in which one person acts for or represents another by latter's authority, either in the relationship of principal and agent, master and servant, or employer or proprietor and independent contractor. Gorton v. Doty, 57 Idaho 792, 69 P.2d 136, 139.

It also designates a place at which business of company or individual is transacted by an agent. Johnson Freight Lines v. Davis, 170 Tenn. 177, 93 S.W.2d 637, 639.

The relation created by express or implied contract or by law, whereby one party delegates the transaction of some lawful business with more or less discretionary power to another, who undertakes to manage the affair and render to him an account thereof. State ex rel. Cities Service Gas Co. v. Public Service Commission, 337 Mo. 809, 85 S.W.2d 890, 894.

Or relationship where one person confides the management of some affair, to be transacted on his account, to other party. Or where one party is authorized to do certain acts for, or in relation to the rights or property of the other. But means more than tacit permission, and involves request, instruction, or command. Klee v. U. S., C.C.A.Wash., 53 F.2d 58, 61.

The consensual relation existing between two persons, by virtue of which one is subject to other's control. Tarver, Steele & Co. v. Pendleton Gin Co., Tex.Civ.App., 25 S.W.2d 156, 159.

Agency is the fiduciary relation which results from the manifestation of consent by one person to another that the other shall act on his behalf and subject to his control, and consent by the other so to act. Restatement, Second, Agency No. 1.

See also agent

- authority

@ actual agency

Exists where the agent is really employed by the principal

@ agency by estoppel

One created by operation of law and established by proof of such acts of the principal as reasonably lead third person to the conclusion of its existence. Arises where principal, by negligence in failing to supervise agent's affairs, allows agent to exercise powers not granted to him, thus justifying others in believing agent possesses requisite authority.

@ deed of agency

A revocable and voluntary trust for payment of debts.

@ del credere agency

Type of agency in which agent is entrusted with goods, documents or securities and in which he is given broad authority to collect from the buyer and in some cases has been held responsible for the buyer's solvency.

@ exclusive agency

An agreement by owner that during life of contract he will not sell property to a purchaser procured by another agent, which agreement does not preclude owner himself from selling to a purchaser of his own procuring, while a contract giving a broker "exclusive sale" is more than such exclusive agency, and is an agreement by the owner that he will not sell the property during the life of the contract to any purchaser not procured by the broker in question.

+ exclusive agency

Grant to agent of exclusive right to sell within a particular market or area. A contract to give an "exclusive agency" to deal with property is ordinarily interpreted as not precluding competition by the principal generally, but only as precluding him from appointing another agent to accomplish the result. The grant of an "exclusive agency to sell," that is, the exclusive right to sell the products of a wholesaler in a specified territory, ordinarily is interpreted as precluding competition in any form within designated area. Navy Gas & Supply Co. v. Schoech, 105 Colo. 374, 98 P.2d 860, 861

@

- executive agency.

@ general agency

That which exists when there is a delegation to do all acts connected with a particular trade, business or employment. It implies authority on the part of the agent to act without restriction or qualification in all matters relating to the business of his principal.

@ implied agency

One created by act of parties and deduced from proof of other facts. It is an actual agency, proved by deductions or inferences from other facts, and third party need have no knowledge of the principal's acts, nor have relied on them. One which occurs when agent and principal have no express understanding as to agent's appointment but their conduct suggests agency arrangement, and finding of implied agency depends on facts and circumstances for which principal is responsible which imply that principal intended to create agency. Stram v. Miller, Mo.App., 663 S.W.2d 269, 274.

@

- intervening agency.

@ ostensible agency

One which exists where the principal intentionally or by want of ordinary care causes a third person to believe another to be his agent who is not really employed by him.

See also agency by estoppel, above.

+ ostensible agency

An implied or presumptive agency, which exists where one, either intentionally or from want of ordinary care, induces another to believe that a third person is his agent, though he never in fact employed him. It is, strictly speaking, no agency at all, but is in reality based entirely upon estoppel

@ special agency

One in which the agent is authorized to conduct a single transaction or a series of transactions not involving a continuity of service.

@ universal agency

One in which agent is empowered to conduct every transaction lawfully delegable by principal to agent

@ agency by operation of law

See agency by estoppel under agency

@ agency coupled with an interest

A relationship known to the law of agency wherein the agent has an interest in the property or subject matter in which he is dealing. This special type of agency relationship will not terminate automatically upon the death of the principal. Interest in continued existence of power or authority to act with reference to business, where secured by contract and based on consideration moving from agent to principal looking to exercise of power as means of reimbursement, creates agency coupled with an interest. Agent must have an interest or estate in the thing to be disposed of or managed under the power

@ agency in fact

An agency relationship established by agreement of principal and agent as distinguished from one imposed by law; e.g. agency by estoppel

@ agency of the United States

A department, division, or administration within the federal government

@ agency relationship

An employment for purpose of representation in establishing legal relations between principal and third persons.

See agency

- agent

@ agency shop

A union-security device whereby, in order to continue employment, any nonunion member employee is required to pay to the Union sums equivalent to those paid by union members, either in an amount equal to both union dues and initiation fees, or in an amount equal to dues alone. Ficek v. International Broth, of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local No. 647, N.D., 219 N.W.2d 860, 862.

See also open shop

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