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The concept of “agency” is so basic to legal transactions in the United States and most of the world that it is often taken for granted. In its simplest form, it is simply appointing another to act on your behalf for a specified purpose. It is inherent in every employment relationship, most sales relationships, most organizations and business structures.
Lawyers advise and represent individuals, businesses, and government agencies on legal issues and disputes. Lawyers, also called attorneys, act as both advocates and advisors. As advocates, they represent one of the parties in a criminal or civil trial by presenting evidence and arguing in support of their client.
In law firms, lawyers, sometimes called associates, perform legal work for individuals or businesses. Those who represent and defend the accused may be called criminal law attorneys or defense attorneys. Attorneys also work for federal, state, and local governments.
They argue civil and criminal cases on behalf of the government. Corporate counsels, also called in-house counsels, are lawyers who work for corporations.
Employment of lawyers is projected to grow 4 percent from 2019 to 2029, about as fast as the average for all occupations. Competition for jobs over the next 10 years is expected to be strong because more students graduate from law school each year than there are jobs available.
Some work for federal, local, and state governments. Most work full time and many work more than 40 hours a week.
After several years, some lawyers may advance to partnership in their firm, meaning that they become partial owners of the firm .
Law students may choose specialized courses in areas such as tax, labor, and corporate law. Licenses, Certifications, and Registrations. Prospective lawyers take licensing exams called “bar exams.”. Lawyers who receive a license to practice law are “admitted to the bar.”.
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Agency – The Basic Law. The concept of “agency” is so basic to legal transactions in the United States and most of the world that it is often taken for granted. In its simplest form, it is simply appointing another to act on your behalf for a specified purpose. It is inherent in every employment relationship, most sales relationships, ...
Agency is a fiduciary relationship whereby one party expressly or impliedly authorizes another to act under his or her control and on his or her behalf. The party for whom another acts and from whom such authority derives is a “ principal. ” The one who acts for and represents the principal and acquires his or her authority from the principal is an “ agent .” Pursuant to the grant of authority by the principal, the agent is the representative of the principal and acts for and instead of, the principal.
In a dual agency, an agent represents both buyer and seller in a single transaction and carries fiduciary responsibilities to both principals. The mistake of an agent acting as a dual agent becomes a mutual mistake of fact by both principals.
An agency is defined as a contract, either express or implied, by which one of the parties confides to the other the management of some activity or business, to be transacted in his or her name, or on his or her account, by which that other assumes to do the actions or business, and to render an account of it.
The rights and duties of the agent and principal are in accordance with the express or implied terms of the contract. With the exception of implied agency discussed below, to create an agency, the consent of the agent and the principal is necessary.
Agency is a relationship between a principal and an agent in which the principal confers his or her rights on the agent to act on principal’s behalf. Such a relationship is based on an agency contract. The rights and duties of the agent and principal are in accordance with the express or implied terms of the contract.
A buyer’s agent has to be loyal, maintain confidentiality, be obedient, provide reasonable care and diligence, and give accounting for all funds. Similarly, a seller’s agency relationship represents the seller in the transaction and the seller is considered the client. A seller’s agent is also known as a listing agent.
Legal Authority to Act on Principal's Behalf. If an individual is injured by a delivery truck, under agency law, the injured person can hold the truck driver's employer liable for injuries, even though the employer was not directly responsible. This is because the driver and employer are in a principal-agent relationship where the driver, ...
Agents have the following duties to their principal: A duty to account for monies received or spent while acting on behalf of the principal. A duty to protect the confidential information of the principal. A duty of dealing with a third party or the principal in good faith.
Agency refers to an agreement, explicitly stated or implied by which one party, called the principal, entrusts the management of a business to another party, called the agent, to carry out transactions on his account or in his name, and the agent agrees to carry out the business and render an account of his proceedings.
Agency relationships also come up in personal injury cases when the victim or plaintiff sues both the defendant and his/her employer under the respondeat superior's rule, which state that the employer and the defendant who works for the employer are both responsible when negligence on the part of the employee causes injury to a third party.
An agency is created when the principal names an individual as an agent by virtue of a contract or asks someone to make a delivery. This means that the principal is responsible for all actions taken by the agent, while the actions of the agent are analogous to those of the principal. This type of agency is usually enforced by a written agreement ...
Agency relationships are created by the mutual consent of both the principal and the agent. Although principal-agent relationships can be created via a contract, the contract is unnecessary if it is sufficiently clear that both parties want to act as agent and principal.
Implied or Express. If the agency is express, it is created by deed, verbally without writing or in writing. If the agency is implied, it can be inferred from the relation between the parties and the nature of the employment (without proof of express appointment). The agency must be subsequently adopted or given in advance.
The law of agency is an area of commercial law dealing with a set of contractual, quasi-contractual and non-contractual fiduciary relationships that involve a person, called the agent , that is authorized to act on behalf of another (called the principal) to create legal relations with a third party. Succinctly, it may be referred ...
An agent who acts within the scope of authority conferred by their principal binds the principal in the obligations they creates against third parties. There are essentially three kinds of authority recognized in the law: actual authority (whether express or implied), apparent authority, and ratified authority (explained here ).
The agent is, thus, required to negotiate on behalf of the principal or bring them and third parties into contractual relationship . This branch of law separates and regulates the relationships between: agents and principals (internal relationship), known as the principal-agent relationship;
By discharge of the contractual agency obligations. Alternatively, agency may be terminated by operation of law: By the death of either party; By the insanity of either party; By the bankruptcy (insolvency) of either party;
Liability of agent to third party. If the agent has actual or apparent authority, the agent will not be liable for acts performed within the scope of such authority, as long as the relationship of the agency and the identity of the principal have been disclosed.
In the case of a corporation, since a corporation can only act through natural person agents, the principal is bound by the contract entered into by the agent, so long as the agent performs within the scope of the agency.
As these questions suggest, agency law often involves three parties—the principal, the agent, and a third party. It therefore deals with three different relationships: between principal and agent, between principal and third party, and between agent and third party.
Agency Coupled with an Interest. An agent whose reimbursement depends on his continuing to have the authority to act as an agent is said to have an agency coupled with an interest if he has a property interest in the business.
An agent is one who acts on behalf of another. Many transactions are conducted by agents so acting. All corporate transactions, including those involving governmental organizations, are so conducted because corporations cannot themselves actually act; they are legal fictions. Agencies may be created expressly, impliedly, or apparently. Recurring issues in agency law include whether the “agent” really is such, the scope of the agent’s authority, and the duties among the parties. The five types of agents include: general agent, special agent, subagent, agency coupled with an interest, and servant (or employee). The independent contractor is not an employee; her activities are not specifically controlled by her client, and the client is not liable for payroll taxes, Social Security, and the like. But it is not uncommon for an employer to claim workers are independent contractors when in fact they are employees, and the cases are often hard-fought on the facts.
The general agent possesses the authority to carry out a broad range of transactions in the name and on behalf of the principal. The general agent may be the manager of a business or may have a more limited but nevertheless ongoing role—for example, as a purchasing agent or as a life insurance agent authorized to sign up customers for the home office. In either case, the general agent has authority to alter the principal’s legal relationships with third parties. One who is designated a general agent has the authority to act in any way required by the principal’s business. To restrict the general agent’s authority, the principal must spell out the limitations explicitly, and even so the principal may be liable for any of the agent’s acts in excess of his authority.
The final category of agent is the servant. Until the early nineteenth century, any employee whose work duties were subject to an employer’s control was called a servant; we would not use that term so broadly in modern English. The Restatement (Second) of Agency, Section 2, defines a servant as “an agent employed by a master [employer] to perform service in his affairs whose physical conduct in the performance of the service is controlled or is subject to the right to control by the master.”
An agent is a person who acts in the name of and on behalf of another, having been given and assumed some degree of authority to do so. Most organized human activity—and virtually all commercial activity—is carried on through agency. No corporation would be possible, even in theory, without such a concept.
The five types of agents include: general agent, special agent, subagent, agency coupled with an interest, and servant (or employee).
Executive Agencies. Administrative agencies are created to develop, enforce, and oversee the voluminous rules and regulations currently in force in the United States. There are two principal ways that administrative agencies can be created: executive agencies and legislative agencies. Executive agencies are created by the president, ...
Established in 1789, the State Department is the oldest executive agency in the United States. A few examples of well-known executive agencies include: Department of Defense. Department of Homeland Security. Department of Education. Department of Justice. Department of Commerce. Department of State. Department of Labor.
Executive agencies are created by the president, while legislative agencies are established by an act of Congress. One of the main differences between an executive agency and a legislative agency is that the president may remove the head of an executive agency at any time with or without cause.
However, Article II, section 2 , the Constitution states that the president may “require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices.”.
The president has the power to appoint the heads of each department. Each head is officially referred to as the Secretary of his or her department, such as the Secretary of State, Secretary of Defense, or Secretary of Labor.
The law governing agency in Sri Lanka is the law applicable in England. This is made clear by section 3 of the Civil Law Ordinance No. 5 of 1852 which states that, “in all questions or issues which have to be decided in Sri Lanka with respect to the law of principal and agent, the law to be administered shall be the same as would be administered in England in the like case.” Accordingly, English cases on agency disputes will apply in Sri Lanka. There is no main statute law applicable to agency. The law of agency is therefore found mainly in common law principles decided by the courts.
The status of agency results in a number of duties and obligations between the principal and agent. Such duties and obligations are normally spelt out in the agency agreement but they can also be implied into the agency agreement.
There is no evidence that the agent has been appointed by any writing or verbally. But, there are facts and circumstances that can show that an agency has been created. In other words, agency is implied from the special circumstances of the case.
Such a person is obviously not a party to the contract but he can yet sue and be sued in his own name (as principal) on a contract entered into on his behalf by his agent so long as the agent had acted within authority.
Done well, interagency collaboration in law enforcement benefits everyone involved. It helps cut costs, improve information and training resources, and make agencies more effective overall. As you seek to build interagency collaborations, remember it’s about working together effectively, not about which agency is best.
Other times it happens more informally, as members of different agencies build relationships, share expertise, and suggest ways for their agencies to work together.