Marlon intends to sell a piece of real estate he owns and contracts Nita, a real estate broker, to make the sale. In the contract, Marlon authorizes Nita to make the sale at or above a minimum price he wants and the date by which he wants the sale to be completed.
A principal is liable for the tortious conduct of an agent who is acting within the scope of the agent's authority. Liability is imposed for misrepresentation, negligence, and intentional torts. A principal is liable for the negligent conduct of agents acting within the scope of their employment.
dual-purpose mission. a situation that occurs when a principal requests an employee or agent to run an errand or do another act for the principal while the agent is on his own personal business.
Death or Insanity of Either Party: The agency is terminated when the agent or principal dies or becomes insane. On the death of either the agent or the principal, the agency is automatically terminated because a person cannot act on behalf of non-existent person.
A principal is normally liable for all acts of an agent within the agent's authority, whether responsibility arises in contract or in tort. Authority means the agent's actual, apparent (ostensible) or usual (customary) authority.
Liability of agent If an agent is negligent in carrying out their duties, they may be liable to either the principal or third party directly. If the agent is deceptive or acts fraudulently, agents may be held liable in civil and criminal law.
The frolic definition is when an employee participates in an activity totally unrelated to his work duties. If while partaking in this activity the employee injures someone, the employee could be held liable, rather than the employer.
Below are common rules for terminating the agency relationship: Withdrawal by a Party, Termination by the Principal, Renunciation by Agent, Death or Incapacity of Agent, Death or Incapacity or Bankruptcy of the Principal.
Dual agencyKey Takeaways "Dual agency" refers to an agent that works with both the buyer and seller of a home. Two agents can work for the same broker on the same transaction, causing a dual agency situation. Single agency refers to an agent or real estate broker that works with only one party in a real estate transaction.
an agency that exists because it will conform to prevalent law that is not because of an agreement between the agent and the principal.
The parties can terminate the agency by mutual agreement. An agency relationship requires the mutual assent of the parties and both the parties have the power to withdraw their assent. An agency may not be terminated by the act of one of the parties and should be done mutually.
When someone files for bankruptcy, any debt they have is discharged by operation of law. This means that the contract to repay the money was not fulfilled or terminated, but rather, the person is no longer legally required to pay their creditors.
a short circuit in the house causes a power outage. Dean uses his authority to hire an electrician. to repair the circuits and restore electricity in the house. Marcus then comes back and pays Dean. for the electricity repair. What is the nature of the agency that Dean used to fix the electricity.
In the contract, Marlon authorizes Nita to make the sale at or above a minimum. price he wants and the date by which he wants the sale to be completed. The contract also. stipulates that Marlon should not hire another broker to sell that piece of land till the expiry of.
A. Marcus employs a real estate broker, Dean, to sell his house. Dean's express powers are to. advertise and market the house for sale, show the house to prospective buyers, and accept offers. from persons who want to purchase the house. He is not allowed to seal a deal without Marcus'. consent.