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BASIS AGENCY LOAN BASIS AGENCY PARTNERSHIP

As to the The funds given by The money given As to whom they The agent A partner acts not
money/funds the principal is to to the borrower is represent represents or acts only for his co-
advanced be used to to be used for only for the partners and the
advance his purposes of his principal partnership but
business own also as principal of
As to the obligation An agent has no A borrower has himself. Each
to return the funds obligation to return obligation to return partner is regarded
given the funds to the the funds whether as agent as an
principal in the or not his own agent of his co-
event that the business is partners and as a
business is successful. principal of his co-
unsuccessful. partners.
As to the binding Can bind the Can bind the
effect of acts principal for acts principal or his co-
BASIS AGENCY CONTRACT OF done within the partners for acts
PIECE OF WORK scope of his done within the
As to the methods The agent is The independent authority. scope of his
used to accomplish subject to the contractor authority.
certain results control and undertakes the As to liability to Principal is liable Employer is liable
direction of the contract according third persons when the agent when the
principal whom he to his own method acts within the independent
represents with and is not subject scope of his contractor acts
respect to the to the control of the authority. within the scope of
matters entrusted employer except his authority.
to him. only as to the As to control by the It is fundamental A partner is not
result of the work. principal that an agent must subject to the co-
The former submit to the partner’s right to
exercises his principal’s right to control unless
employment control the agent’s there is an
independently and conduct with agreement.
not in regard to the
representation of subject of the
the latter. agency.
As to liability to Principal is liable Employer is liable As to liability of the An agent assumes A partner binds not
third persons when the agent when the agent no personal liability only the members
acts within the independent when he acts of the firm but
scope of his contractor acts within the scope of himself as well
authority. within the scope of his authority
his authority. As to sharing of The relation is that The relation is that
profits of an agency when of a partnership if
the alleged owner the profits belong
or partner takes his to all the parties as
agreed share of common
BASIS AGENCY NEGOTIORUM the profits not as proprietors in
GESTIO an owner but as an agreed proportions
As to nature It is a contract It is a quasi- agreed measure of
contract compensation for
As to There is There is his services or the
representation representation representation like
As to the form of It is expressly It is without the
representation conferred authority and
knowledge of the
owner
As to the basis of The agent acts The gestor acts
the acts of the according to the according to the
agent/gestor express will of the presumed will of
principal the owner by
exercising all the
diligence of a good
father of a family.
BASIS AGENCY BROKERAGE BASIS AGENCY BAILMENT
As to nature A commission A broker is one who is As to the binding An agent can bind A bailee
agent is one engaged for others on effect of acts the principal for possessed no
engaged in the a commission; a acts done within power to bind the
purchase or sale negotiator/intermediary the scope of his bailor in personal
for another of between the purchaser authority. liability and he
personal property and the vendor relative owes neither
which for this to the property with the
loyalty nor
purpose, is placed custody or possession
obedience to the
in his possession of which he has no
and at his concern. He never bailor. Unless, a
disposal. acts in his own name bailee is
but in the name of constituted as an
those who employed agent as to third
him. parties, where, for
As to receipt of Receives Receives commission example, he is
commission commission upon by merely bringing the vested with
a successful buyer and the seller ostensible
conclusion of a together even if no authority to sell or
transaction such sale is eventually to make binding
as sale made contracts with
As to the form of It is expressly It is without the respect to the
representation conferred authority and
subject matter of
knowledge of the
the bailment.
owner
As to the basis of The agent acts The gestor acts As to WON subject Subject to control Not subject to the
the acts of the according to the according to the to control of of the principal control of the bailor
agent/gestor express will of the presumed will of the principal/bailor
principal owner by exercising all
the diligence of a good
father of a family.

BASIS AGENCY TO SALE


SELL
Nature of the There is There is transfer of
contract appointment of one title over a thing
to act in behalf of from one to
another another
As to the Agent receives the Buyer receives the
ownership of the goods as the goods as owner
goods received goods of the
principal
As to their Agent delivers the Buyer pays the
obligation with proceeds of the price
respect to the sale
price/proceeds
As to their Agent can return Buyer, as general
obligation in case the object in case rule, cannot return
no sale took place he is unable to sell the object sold
the same to a third
person