There are various descriptions of agents, to whom different appellations are given according to the nature of their employments; as brokers, factors, supercargoes, attorneys, and the like; they are all included in this general term. The authority is created either by deed, by simple writing, by parol, or by mere employment, according to the capacity of the parties, or the nature of the act to be done. It is, therefore, express or implied.
Vide Authority. It is said to be general or special with reference to its object, i. With reference to the manner of its execution, it is either limited or unlimited, i. It is the duty of an agent:. Agents are either joint or several. It is a general rule of the common law, that when an authority is given to two or more persons to do an act, and there is no several authority given, all the agents must concur in doing it, in order to bind the principal.
This rule has been so construed that when the authority is given jointly and severally to three person, two cannot properly execute it; it must be done by all or by one only. Attorney, C 11; but if the authority is so worded that it is apparent, the principal intended to give power to either of them, an execution by two will be valid..
This rule applies to private agencies: for, in public agencies an authority executed by a major would be sufficient. The rule in commercial transactions however, is very different; and generally when there are several agents each possesses the whole power. For example, on a consignment of goods for sale to two factors, whether they are partners or not, each of them is understood to possess the whole power over the goods for the purposes of the consignment. As to the persons who are capable of becoming agents, it may be observed, that but few persons are excluded from acting as agents, or from exercising authority delegated to them by others.
As a general rule the line of demarcation between an independent contractor and a servant is not clearly drawn. Flick v. Crouch , P. But payment to an independent contractor, such as the plumber for hire, does not require such withholding. Deciding who is an independent contractor is not always easy; there is no single factor or mechanical answer. In Robinson v. New York Commodities Corp. Robinson v. The claimant sold canned meats, making rounds in his car from his home.
The company did not establish hours for him, did not control his movements in any way, and did not reimburse him for mileage or any other expenses or withhold taxes from its straight commission payments to him. He reported his taxes on a form for the self-employed and hired an accountant to prepare it for him.
The factual situation in each case determines whether a worker is an employee or an independent contractor. Such forms are meaningless if the worker is in fact an employee. Microsoft Corporation , discussed in Section Pro Golf Association , N.
The insurance policy in question covered members of the Professional Golfers Association. Bradley Martin, age thirteen, was at the golf course for junior league play. If Martin was an employee, the insurance company would be liable; if he was not an employee, the insurance company would not liable.
The trial court determined he was not an employee. The agency relationship can be created in two ways: by agreement expressly or by operation of law constructively or impliedly.
Most agencies are created by contract. But agencies can also be created without contract, by agreement. Therefore, three contract principles are especially important: the first is the requirement for consideration, the second for a writing, and the third concerns contractual capacity. Agencies created by consent—agreement—are not necessarily contractual.
It is not uncommon for one person to act as an agent for another without consideration. For example, Abe asks Byron to run some errands for him: to buy some lumber on his account at the local lumberyard. Such a gratuitous agency gives rise to no different results than the more common contractual agency. Most oral agency contracts are legally binding; the law does not require that they be reduced to writing.
In practice, many agency contracts are written to avoid problems of proof. And there are situations where an agency contract must be in writing: 1 if the agreed-on purpose of the agency cannot be fulfilled within one year or if the agency relationship is to last more than one year; 2 in many states, an agreement to pay a commission to a real estate broker; 3 in many states, authority given to an agent to sell real estate; and 4 in several states, contracts between companies and sales representatives.
Even when the agency contract is not required to be in writing, contracts that agents make with third parties often must be in writing. A contract is void or voidable when one of the parties lacks capacity to make one. See a translation. Highly-rated answerer. Does "agency" mean a company? However, you wouldn't call just anyone an 'agent'.
If you've watched The Matrix , one of the antagonists was called "Agent Smith", partly because the description of "Agent" gives the feeling that Smith worked for a large, mysterious agency.
But "the Central Intelligence Agency" isn't a company So you mean, "agent" is someone works for organization or company?
Your explanation seems to make sense to me. Agent in the sense "A person or company that provides a particular service" chiefly denotes a person; it denotes a company only by extension. By contrast, agency in the sense "A business or organization providing a particular service on behalf of another business, person, or group" never denotes an individual. Agent in the sense "A person or thing that takes an active role or produces a specified effect" denotes the cause; for example, yeast is a "leavening agent" because it causes bread to leaven.
By contrast, agency in the sense "Action or intervention producing a particular effect" denotes the causation; one could write of "the agency of the yeast" though it would sound very old-fashioned. Sign up to join this community. The best answers are voted up and rise to the top.
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