21 Dec Which Of The Following Will Terminate An Agency Agreement
Respondeat Superior raises three difficult questions: (1) What type of agent can create an intruder for the client? (2) Is the principal responsible for the deliberate manipulation of the representative responsible? 3. Did the agent act in the course of his activities? We will look at these issues one after the other. At first glance, Pep Line Trucking Company, Inc. is liable after two previous decisions of the Court of Appeals for the District of Columbia Circuit. [Citation (1953)] liable a taxi owner responsible for the damage (including a broken leg) suffered by a customer who had been run over by the taxi to follow an argument between the driver and the customer over a ticket price. [Citation (1939)] a restaurateur held in charge of a guest restaurant beaten with a stick by a restaurant employee after a disagreement over service. The theory was that while the actual authority derives from an agreement, the obvious authority is that which was in the service of the agent, although the principal may not have consented to the agent who has such power. Apparent authority can occur in two situations: if the broker loses his real estate license during the term of the contract, the agency is terminated. [iii] www.inkling.com/read/business-law-jane-mallor-15th/chapter-35/termination-of-an-agency. An agency may be terminated by law at the entrance of certain events:- The authority of an agent may be revoked at any time by the adjudicating entity. However, a unilateral revocation may, other than in accordance with the provisions of the agency contract, make the contracting authority liable for the violation of an agency agreement vis-à-vis the agent. An agency can be terminated by the action of the parties in one of the following ways. An agency automatically ends at the end of its mandate.
If the Agency were to operate a gas pump for a period of time, it was found that the representative was required to proceed with the operation once the deadline was set. There was no extension clause and there was no renewal. If the agreement provides for the appointment of the agent for a specified period, the Agency will automatically terminate when that period expires. 9. Post-Agency misappropriation of the illegal Agency: it may be legitimate that the Agency was created, but if it is subsequently declared illegal by law, the Agency cannot continue because it would be illegal. A legal agency may become illegal due to the declaration of war if the client or agent is considered a foreign enemy. When the agreement provides for the end of the Agency after the security of a given event, the Agency terminates on the date of the event indicated. Any word or behaviour of the adjudicating entity inconsistent with the agent`s continued exercise of authority may be considered a revocation of the Agency. It may be clear that the person causing an injury is another person`s means. But a client cannot be responsible for all the actions of an agent. When an employee follows the letter of his instructions, it is easy to determine liability. But suppose an agent somehow deviates from his work.
The classic liability test was created in 1833 in an English case, Joel v. Morrison.Joel v. Morrison, 6 Carrington – Payne 501. The complainant was hit by a car and a horse on a highway. The driver was another`s employee, and inside there was an employee. There was no doubt that the driver had acted without paying attention, but what he and his colleague were doing on the road, where the complainant was injured, was controversial. For weeks before and after the accident, the car had never been driven nearby where the complainant was travelling, and he had nothing to do with it. The proposal was that the employees could have been deeded for their own purposes. The great English jurist Baron Parke put it this way: “If the servants who are on their master business have made a detour to call a friend, the master will be responsible….
But if he left for his own bristle without even being in his master business, the master would not be held responsible. In the application of this review, the court held the employer liable.