Agency Templates
The writing templates of this subject are presented in the following outline. The outline prioritizes practicality, offering context to clarify the relationships between templates and provide a clear framework.
Agency Relationship
Was there an agency relationship?
If facts are presented, raising a question of either party’s capacity to enter into an agency relationship, that should be analyzed.
If an agent is to engage in transactions involving matters subject to the Statute of Frauds, the agency relationship must be reflected in writing.
Was the agency relationship terminated?
Liability to Third Parties
Principal's Liability
Is the principal liable to the third party for the agent’s (1) breach of contract or (2) torts?
Agent's Breach of Contract
The principal may be liable to a third party for an agent’s breach of contract if the agent acts with (1) actual or (2) apparent authority, the principal (3) ratifies the agent’s actions, or the principal is (4) estopped from denying the agent’s authority.
Agent's Tort
The principal may be vicariously liable to a third party for an agent’s tort under the theories of (1) respondeat superior, (2) apparent authority, or (3) direct liability.
Agent's Liability
Is the agent also liable to the third party?
Duties & Remedies
Principal's Duties to Agent
Did the principal breach any of the duties owed to the agent? Principals owe agents the duties to (1) compensate, (2) deal fairly and in good faith, (3) cooperate, and (4) indemnify.
Agent's Duties to Principal
Did the agent breach any of the duties owed to the principal? Agents owe principals the duties of (1) loyalty, (2) reasonable care, (3) obedience, (4) notification, and (5) accounting.
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