The vicarious agent`s liability is not limited to damages that occur in the context of an agency relationship. It may also be imposed in other areas, including tort by family members and other criminal acts governed by law or regulation. We will examine each of them in order. 9. Subsequent Event Illegality of the Agency: An act may be lawful when the Agency was established, but if it is subsequently declared illegal by law, the Agency cannot be prosecuted as this would be illegal. A legal authority can become illegal on the basis of a declaration of war if the client or agent is considered a foreign enemy. (1) If the agent has partially exercised his power of attorney, the contracting entity may revoke the agency only for future actions. 2. Death or insanity of the client or agent: An agency is automatically terminated if the client or agent dies or if one of them becomes mentally ill.
The client`s madness puts an end to the agency, although the agent does not know it. Loss of a party`s ability to act due to temporary or permanent mental incompetence may result in termination or suspension of the agency relationship. Even if there is no implied authority, in an emergency, the officer may act in a manner that would normally require specific authorization from the principal. If unforeseen circumstances occur and it is not possible to communicate with the Client to find out what his wishes would be, the Entrepreneur may do what is reasonably necessary to avoid significant damage to his Client. During World War II, the Eastern Wine Corporation marketed champagne in a bottle with a diagonal red stripe that violated the brand of a French manufacturer. The French company had granted licenses to an American importer to market its champagne in the United States. The contract between the manufacturer and the importer required the latter to notify the French company if a competitor appeared to be infringing its rights and to recommend to the importer the measures by which it could put an end to the infringement. The right to bring an action was not expressly granted and, normally, the right to do so would not be derived from it. However, as the France was under German occupation, the importer was unable to communicate with the manufacturer, his customer. The court ruled that the importer could take legal action to prohibit Eastern Wine from continuing to show the counterfeit red diagonal stripe because legal action was “essential to preserving the principal`s property.” G.
H. Mumm Champagne v. Eastern Wine Corp., 52 F.Supp. 167 (S.D.N.Y. 1943). The exam is therefore one of the diplomas, and it is not always easy to decide when a detour has become so big that it turns into an uproar. For a while, a more mechanical rule was cited to facilitate the decision. The courts examined the servant`s objectives in the “detour.” If the servant`s mind was directed towards the achievement of his own goals, then the detour was considered to be outside the scope of employment; Therefore, the offence was not attributed to the master.
But if the servant also intended to carry out the intentions of his master when he resigned from the letter of his commission, or if he had committed the wrong when he returned to the task of his master after the end of his turmoil, then the offense was considered to be in the context of employment. The theory of implied authorityThe authority of an agent to take steps reasonably necessary to achieve the agency`s objective. is particularly important for the company in the area of the general manager, who may be entrusted with the management of all business operations or only a small part of it. In both cases, the CEO has a relatively broad area of implicit authority. He can buy goods and services; hire, supervise and dismiss employees; Sell or store garbage; increasing revenues and settling debts; and generally direct the normal operations of the business. The full extent of the manager`s authority depends on the circumstances – which is common in the particular sector, in the particular company and among those directly affected. The principal is liable for the employee`s tort liability in two circumstances: first, if the principal was directly liable, for example, when hiring a person who the principal knew or should have known was incompetent or dangerous; secondly, if the employee has committed the offence or offence in the field of activity for the customer. This is the doctrine of the Lord Servant or superior answer. It imposes the responsibility of the enforcement agent on the employer: the master (employer) is liable if the employee was in the area of activity that presented a risk to the employer (the “risk zone” criterion), i.e. in general – if the employee was where he should be when he was supposed to be there, and the incident arose from the interest of the employee (however perverted) in promoting the employer`s business. An agency may be terminated by the action of the parties in one of the following ways.
1. Business Closure: An agency terminates automatically when its activities are completed. For example, A employs B to sell its goods. B`s power to sell goods is no longer exercisable once the sale is complete. 1. Performance of the contract: If the agency is for a specific purpose, the agency terminates when the object is fulfilled. Similarly, the death of the agent is revoked by an agency that is not associated with an interest, and this is the rule if there are two or more agents. However, where a sub-agent is appointed by the agent, the authority of a sub-agent shall end with the death of the agent, unless the agent has appointed the sub-agent at the request of the principal. In this case, the sub-agent derives his authority from the client and not from the representative. If the client or broker files for bankruptcy during the term of the contract, the agency will be terminated.
If a licensee representing a broker files for bankruptcy, it will NOT affect the agency. As a general rule, a representative may waive the representation relationship by expressly notifying the client orally or in writing. The termination of all relations with the client by an agent and the task of the agent may be treated as a waiver. However, a mere breach of the instructions by the Contractor does not constitute a waiver. An agent is responsible for contracts entered into in a personal capacity, for example, if the agent personally guarantees the repayment of a debt. The representative`s intention to become personally liable is often difficult to determine due to his or her signing of the contract. In general, a person who signs a contract can only avoid personal liability by proving that he or she has actually signed as an agent. If the contract is signed, Jones, Agent, Jones may present evidence demonstrating that there was never any intention to hold him personally liable. But if he signed Jones and neither his agency nor the principal`s name is included, he is personally liable. This can be problematic for agents who regularly check checks and notes. Special rules apply to these situations.
Although the agency can be terminated at will, the law states that the party affected by the termination must be notified. However, explicit notification to the Agent that the Agency has been revoked or to the Client that the Agency is waived is not always required if the party concerned knows or has reason to know the facts that led to such revocation or waiver[xi]. The client must sufficiently inform third parties of the revocation of the contractor`s power of attorney. Otherwise, the actions of an agent after the revocation of his power of attorney may bind a client vis-à-vis third parties who are based on the sustainability of the agency. This can often occur in transactions initiated by the agent before the withdrawal of the power of attorney, and the rule is applied in favor of people who continue to deal with insurance agents, purchasing agents, etc. [xii]. If one of the parties dies or becomes incapacitated after the signing of the contract but before performance, the contract terminates automatically. .