Agency Relationship
This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.
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Writing Template
Issue
I: The issue is whether an agency relationship was created.
Analysis
R: An agency relationship is created when a principal and an agent (1) manifest assent through words or conduct that (2) the agent will act on the principal’s behalf and (3) subject to the principal’s control.
1. Assent
R: Assent is established when both the principal and the agent mutually agree or manifest consent to enter into an agency relationship. This can occur either through explicit agreement or through the conduct of the parties, indicating a mutual understanding. It does not require a formal contract or explicit verbal agreement.
A: Here, [apply rules to facts].
C: Therefore, this element [is/is not] satisfied.
2. Benefit
R: The agent’s actions must be intended to benefit the principal. This requires that the agent’s efforts be directed toward furthering the principal’s goals, not the agent’s personal objectives. The benefit does not need to be financial, but must involve acting in the principal’s interest.
A: Here, [apply rules to facts].
C: Therefore, this element [is/is not] satisfied.
3. Control
R: Control is satisfied when the principal has the right to direct the agent’s actions, even if the principal does not exercise this right regularly. The principal need not control every aspect of the agent’s actions, but there must be a sufficient degree of control over the conduct in question.
A: Here, [apply rules to facts].
C: Therefore, this element [is/is not] satisfied.
Conclusion
C: Therefore, since all the elements [are/are not] met, an agency relationship [existed/did not exist].
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Usage Notes
JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.
The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.
The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.
The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.
Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.
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