[Carey was convicted of rape and sent to prison. The court found that George`s was properly fired because Pep Line, Carey`s employer, was an independent contractor over whom George`s had no control.] The Agent may renounce the agency`s activities after reasonable notice to the Client. If the agency contract is concluded for a certain period, the representative must pay compensation to the client for the previous renunciation of the agency`s activity. 4. Insolvency of the client: If the client is declared insolvent, the agency will be terminated. Indeed, the receiver is excluded from the conclusion of the contract with regard to his property. 3. Where the Agency is established for a specified period or on a continuous basis, the contracting entity shall notify the withdrawal of the Agency to the authorised representative in an appropriate manner. 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 most common termination of the agency in this category is by performance. Performance is the achievement of the agency`s goal. For example, a broker who has been hired to sell a property sells the property. This service would terminate the agency. Cockrell submits that there is a genuine factual issue as to whether Constable James acted in the context and scope of his employment within the District during the incidents that occurred on the nights of June 28 and 30, 1998. Cockrell argues that Constable James` behaviour, while inappropriate, did not reach the level of criminal behaviour. Cockrell claims that Constable James` action of hugging Cockrell resembled an officer comforting a victim of a crime. Cockrell admits that Agent James` act of kissing him is harder to see than part and scope of his occupation. 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. 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. The main question, then, is whether the evidence reveals another basis on which a jury could reasonably hold Pep Line, Carey`s employer, responsible for the attack.
Which of the following would terminate a registration contract? An agency may be terminated by the action of the parties in one of the following ways. A contract concluded by a representative on behalf of the client is legally binding on the client. Three types of authority can bind the principal: (1) explicit authority – the one that is actually given and pronounced, (2) implied authority – the authority that can be equitably inferred from the relationship of the parties and that is subordinate to the explicit authority of the agent, and (3) obvious authority – which appears reasonably given to a third party by the client in the circumstances. Even in the absence of a power of attorney, a client can ratify the agent`s actions. The Agency`s relationship may be terminated by mutual agreement, by express agreement of the parties that the Agency will terminate at a certain time or with the occurrence of a particular event, or by an implied agreement arising from the respective circumstances. The agency can also be unilaterally revoked by the client – unless the agency is associated with an interest – or be abandoned by the agent. Finally, in certain circumstances, such as the death of the client or representative, the Agency will terminate automatically. 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). 3. Death or insanity of either party: The agency is terminated when the agent or client dies or becomes mentally ill.
Upon the death of the agent or client, the agency is automatically terminated because a person cannot act on behalf of a non-existent person. Thus, when a client dies, the authority of his lawyer also ends. Similarly, the relationship between the agent and the principal ends when the principal or agent goes crazy, because a person with an unhealthy mind cannot contract. At the end of the plaintiff`s investigation, the defendant requested a judgment, which the trial judge authorized. The judge justified this by the fact that the plaintiff had not provided sufficient evidence in his contractual action that the bank official who had entered into the agreement by which the plaintiff intended to incriminate the bank was entitled to do so. After reviewing the minutes, we believe that there was evidence that, if believed, justified the conclusion that the bank official had the necessary authority or that the bank official was clearly entitled to enter into the agreement in the event of a dispute. So we reverse the verdict. If the customer/agent contract is concluded for a certain period of time and the customer has a valid reason, he can revoke the contract before the end of the contract. If the contract is not valid for a fixed period, but for an uninterrupted period without an end date, the customer may terminate the contract with reasonable notice for any reason. This means that the customer does not have to continue the relationship between the customer and the agent if he decides to end it. However, it must allow the agent a reasonable period of time for such termination.
If the agent has an interest in the subject matter of the contract, the contract can only be revoked if the contract contains an express provision that allows termination. In general, a registration agreement includes a period within which it is in effect. If the property is not sold within this period, this will result in the termination of the agency. If there is no time limit in the registration contract, it can be terminated after a “reasonable” period of time. Court decisions over the past forty years have evolved to a different standard of predictability of officer behaviour. Under this standard, an employer may be held liable for the conduct of its employee, even if it is devoted exclusively to the employee`s own purposes, as long as it was foreseeable that the representative could act as he did. This is the “Risk Zone” test. The employer is in the vicarious agent`s risk zone of liability if the employee is where he or she is supposed to be, is doing more or less what he or she is supposed to be doing, and the incident occurred from the employee`s pursuit of the employer`s interest (again, more or less).
That is, the employer is in the risk zone if the employee is in the place where it would be reasonable to search, if the gentleman sent a researcher to find a missing employee. See Section 4, Cockrell v. Pearl River Valley Water Supply Dist. The sub-agent`s authority ends when the lead agency is terminated. However, the replaced agency will not be automatically terminated if the authority of the principal representative is terminated. .