binds himself to render some service or to dosomething in
on behalf of another
,with the consent or authority of the latter. (
1. Consensual2. Nominate3. Preparatory4. Principal5. Unilateral;Bilateral (if agency is for compensation)
Since it is a contract there must be ameeting of the minds as to consent, object, andcause.
Exception to contractual nature:a.
When the agency is created
by operation of law
Ex: Agency by Estoppel
The acts of the agent on behalfof the principal within the scope of his authorityproduce the same legal and binding effects as ifthey were personally done by the principal.
Hence, the distinguishing features of agency areits
Extend the personality of the principalthrough the facility of the agent
Capacity of the Parties:
a. He may be a natural or a juridical personb. He must be capacitated. The rule is if aperson is capacitated to act for himself orhis own right, he can act through anagent.
i. The agent is not liable where hewas ignorant of the principal’sincapacity
a. Insofar as the third persons areconcerned, it is enough that the principalis capacitated.b. Insofar as his obligations to his principalare concerned, the agent must be able tobind himself.c. But as an agent, some mental capacity isnecessary, so, those who are absolutelyincapacitated (
ex. Insane persons
)cannot be agents.
of the parties to establish therelationship;2. Object of the contract is the
execution of a juridical act
in relation to third persons;3. Agent acts as a
and not forhimself; and4. Agent acts
within the scope of his authority.