An agency is established when the customer appoints a person as an agent on the basis of a contract or asks someone to make a delivery. This means that the customer is responsible for all the agent`s actions, while the agent`s actions correspond to those of the customer. This type of agency is usually enforced through a written agreement created by the power of attorney. AGENCY, contracts. An agreement, express or implied, by which one of the parties designated as principal entrusts the management of a particular undertaking to the other, named in the agent; in his name or on his behalf and through which the agent takes over to do the business and report on it. As a general rule, anything a person does himself, except because of a delegated authority, he can do by an agent. Combee case, 9 Co. 75. Hence the maxim that facit per alium facit per se. 2. When the Agency expresses its opinion, it shall be set up either by document or in writing, and not by act, or orally without writing. 3 chit.
Bill 104; 9 Ves. 250; 11 Mass. 27th representative; Ib. 97, 288; 1 binn. R. 450. If the Agency is not explicit, it can be inferred from the relationship of the parties and the nature of the employment relationship, without there being any evidence of an explicit appointment. 1 washing cycle. R. 19; 16 East, R.
400; 5 days R. 556. (3) The Agency must have been granted or subsequently accepted in advance. and in the latter case, there must be an act of recognition or tolerance of the agent`s act, the recognition of which can be derived equitably. 9 Cranch, 153, 161; 26 wed. 193, 226; 6 men. & Gr. 236, 242; 1 rabbit & wall. Salt. December 420; 2 Kent, Com. 478; Paley on the agency; Livermore on Agency. (4) An agency may be dissolved in two ways: 1, by the action of the client or agent; 2, by operation of law.
5.-1. The Agency may be dissolved by the action of one of the parties. 1st edition. In principle, provision may be made for the trader to have the right to revoke the powers conferred by him; However, there are a few exceptions, including the following examples. Where the principal has expressly stated that the authority is irrevocable and that the agent has an interest in its performance; However, it should be noted that, although there may be an explicit agreement not to revoke, nevertheless, if the agent has no interest in its execution and there is no consideration for the agreement, it is considered an action pact and authority can be revoked. However, if a power of attorney is related to an interest, or if it is given for valid consideration, or if it is part of a security right, it cannot be revoked unless it is expressly stated that it is revocable, whether or not it is expressed on the front of the deed giving the power of attorney. whether that is the case or not. History about Ag. 477; Smith on Merc. L. 71; 2 Liv.
on Ag. 308; Paley on Ag. von Lloyd, 184; 3 chit. Com. f. 223; 2 Masons R. 244; No. 342; 8 Wheat. R.
170; 1 pet. R. 1; 2 Kent, Com. 643, 3rd edition.; History of Bailm. § 209; 2 In particular, Article 665; 3 Barnw. & Cressw. 842; 10 Barnw. & Cressw. 731; 2 History, Gl.
Jur. § 1041, 1042, 1043 6.-2. The agency may be determined by the agent`s waiver. If the waiver takes place after partial performance, the vicarious agent will be liable by waiver of any damages that may result. History of Ag. § 478; History of Bailm. § 436; Jones on Bailm. 101; 4 John r. 84.
7.-2 The Agency shall be automatically dismissed in the following cases: 1. Whether the Agency ends at the end of the period during which it exists and should take effect; if an agency is created to last one year or until a contingency occurs, it is extinguished at the end or when an eventuality occurs. 8.-2. If a change of state or state results in incapacity of one of the parties; because if the principal, who is a woman, marries, it would be a revocation, because the power to create an agent is based on the right of the principal to run the business himself, and a married woman does not have that power. For the same reason, if the client becomes mentally ill, the agency will revoke him ipso facto. 8 Wheat. R. 174, 201-204; History of Ag. § 481; History of Bailm. § 206.
2 Liv. auf Ag. 307. The lack of competence of the representative also amounts to a revocation of the law, as in the case of insanity and others, which renders an agent completely incompetent, but the rule does not fully apply. For example, in some cases, an infant or married woman may be an agent, although they cannot act for themselves. Co. Litt. 52a. 9.-3. The death of the client or agent will be revoked by the agency, unless the agent has an interest in the matter that was actually transferred to the agent. .