any act for another in dealing with the 3 rd parties, Principal: The person who has been represented by agent is called principal. The agent is the connecting link between the principal and 3rd parties
Methods of creation of agency
Agency by express agreement
Agency by implied agreement Implied agency includes: a) Agency by estoppel b) Agency by holding out c) Agency by necessity d) Agency by the operation of law
i) Agents exceeding his authority in an
emergency ii) A person entrusted with anothers property iii) Husband and wife iv) Agency by ratification
Essentials of a valid ratification
Agent must act for principal
The principal must be in Existence Contractual capacity of the principal Knowledge of material facts Reasonable Time Legal Facts Void Acts No Partial ratification Communication Power of the principal to ratify No loss to the 3rd party
Modes for the termination of
agency Termination by the act of the parties a) By agreement b) Revocation by the principal c) Revocation by the agent
Termination of agency by the
operation of law
Performance of contract Expiry of time Death and insanity Insolvency Destruction of the subject matter Principal becoming alien enemy Dissolution of a company Termination of sub-agents authority