agency


agency
A relationship between two persons, by agreement or otherwise, where one (the agent) may act on behalf of the other (the principal) and bind the principal by words and actions. Relation in which one person acts for or represents another by latter's authority, either in the relationship of principal and agent, master and servant, or employer or proprietor and independent contractor. Gorton v. Doty, 57 Idaho 792, 69 P.2d 136, 139.
It also designates a place at which business of company or individual is transacted by an agent. Johnson Freight Lines v. Davis, 170 Tenn. 177, 93 S.W.2d 637, 639.
The relation created by express or implied contract or by law, whereby one party delegates the transaction of some lawful business with more or less discretionary power to another, who undertakes to manage the affair and render to him an account thereof. State ex rel. Cities Service Gas Co. v. Public Service Commission, 337 Mo. 809, 85 S.W.2d 890, 894.
Or relationship where one person confides the management of some affair, to be transacted on his account, to other party. Or where one party is authorized to do certain acts for, or in relation to the rights or property of the other. But means more than tacit permission, and involves request, instruction, or command. Klee v. U. S., C.C.A.Wash., 53 F.2d 58, 61.
The consensual relation existing between two persons, by virtue of which one is subject to other's control. Tarver, Steele & Co. v. Pendleton Gin Co., Tex.Civ.App., 25 S.W.2d 156, 159.
Agency is the fiduciary relation which results from the manifestation of consent by one person to another that the other shall act on his behalf and subject to his control, and consent by the other so to act. Restatement, Second, Agency No. 1.
See also agent
@ actual agency
Exists where the agent is really employed by the principal
@ agency by estoppel
One created by operation of law and established by proof of such acts of the principal as reasonably lead third person to the conclusion of its existence. Arises where principal, by negligence in failing to supervise agent's affairs, allows agent to exercise powers not granted to him, thus justifying others in believing agent possesses requisite authority.
@ deed of agency
A revocable and voluntary trust for payment of debts.
@ del credere agency
Type of agency in which agent is entrusted with goods, documents or securities and in which he is given broad authority to collect from the buyer and in some cases has been held responsible for the buyer's solvency.
@ exclusive agency
An agreement by owner that during life of contract he will not sell property to a purchaser procured by another agent, which agreement does not preclude owner himself from selling to a purchaser of his own procuring, while a contract giving a broker "exclusive sale" is more than such exclusive agency, and is an agreement by the owner that he will not sell the property during the life of the contract to any purchaser not procured by the broker in question.
+ exclusive agency
Grant to agent of exclusive right to sell within a particular market or area. A contract to give an "exclusive agency" to deal with property is ordinarily interpreted as not precluding competition by the principal generally, but only as precluding him from appointing another agent to accomplish the result. The grant of an "exclusive agency to sell," that is, the exclusive right to sell the products of a wholesaler in a specified territory, ordinarily is interpreted as precluding competition in any form within designated area. Navy Gas & Supply Co. v. Schoech, 105 Colo. 374, 98 P.2d 860, 861
@
@ general agency
That which exists when there is a delegation to do all acts connected with a particular trade, business or employment. It implies authority on the part of the agent to act without restriction or qualification in all matters relating to the business of his principal.
@ implied agency
One created by act of parties and deduced from proof of other facts. It is an actual agency, proved by deductions or inferences from other facts, and third party need have no knowledge of the principal's acts, nor have relied on them. One which occurs when agent and principal have no express understanding as to agent's appointment but their conduct suggests agency arrangement, and finding of implied agency depends on facts and circumstances for which principal is responsible which imply that principal intended to create agency. Stram v. Miller, Mo.App., 663 S.W.2d 269, 274.
@
@ ostensible agency
One which exists where the principal intentionally or by want of ordinary care causes a third person to believe another to be his agent who is not really employed by him.
See also agency by estoppel, above.
+ ostensible agency
An implied or presumptive agency, which exists where one, either intentionally or from want of ordinary care, induces another to believe that a third person is his agent, though he never in fact employed him. It is, strictly speaking, no agency at all, but is in reality based entirely upon estoppel
@ special agency
One in which the agent is authorized to conduct a single transaction or a series of transactions not involving a continuity of service.
@ universal agency
One in which agent is empowered to conduct every transaction lawfully delegable by principal to agent
@ agency by operation of law
See agency by estoppel under agency
@ agency coupled with an interest
A relationship known to the law of agency wherein the agent has an interest in the property or subject matter in which he is dealing. This special type of agency relationship will not terminate automatically upon the death of the principal. Interest in continued existence of power or authority to act with reference to business, where secured by contract and based on consideration moving from agent to principal looking to exercise of power as means of reimbursement, creates agency coupled with an interest. Agent must have an interest or estate in the thing to be disposed of or managed under the power
@ agency in fact
An agency relationship established by agreement of principal and agent as distinguished from one imposed by law; e.g. agency by estoppel
@ agency of the United States
A department, division, or administration within the federal government
@ agency relationship
An employment for purpose of representation in establishing legal relations between principal and third persons.
See agency
@ agency shop
A union-security device whereby, in order to continue employment, any nonunion member employee is required to pay to the Union sums equivalent to those paid by union members, either in an amount equal to both union dues and initiation fees, or in an amount equal to dues alone. Ficek v. International Broth, of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local No. 647, N.D., 219 N.W.2d 860, 862.
See also open shop
@

Black's law dictionary. . 1990.

Synonyms:

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  • agency — agen·cy n pl cies 1: the person or thing through which power is exerted or an end is achieved death by criminal agency W. R. LaFave and A. W. Scott, Jr. 2 a: a consensual fiduciary relationship in which one party acts on behalf of and under the… …   Law dictionary

  • AGENCY — AGENCY, legal concept whereby the lawful acts of someone authorized by, and acting on behalf of, another are as effective as if performed by the principal; recognized in Jewish law from ancient times. A basic concept in the Talmud is that a man s …   Encyclopedia of Judaism

  • Agency — may refer to any of the following:*Agency (country subdivision) *Agency (law), the status of a person who acts for another person. *Agency (Mormonism) *Agency (philosophy), the capacity to make choices *Employment agency, a business that serves… …   Wikipedia

  • Agency — Agency, MT U.S. Census Designated Place in Montana Population (2000): 324 Housing Units (2000): 90 Land area (2000): 8.577370 sq. miles (22.215286 sq. km) Water area (2000): 0.007082 sq. miles (0.018342 sq. km) Total area (2000): 8.584452 sq.… …   StarDict's U.S. Gazetteer Places

  • Agency, IA — U.S. city in Iowa Population (2000): 622 Housing Units (2000): 286 Land area (2000): 0.578829 sq. miles (1.499159 sq. km) Water area (2000): 0.000000 sq. miles (0.000000 sq. km) Total area (2000): 0.578829 sq. miles (1.499159 sq. km) FIPS code:… …   StarDict's U.S. Gazetteer Places

  • Agency, MO — U.S. village in Missouri Population (2000): 599 Housing Units (2000): 222 Land area (2000): 1.936828 sq. miles (5.016361 sq. km) Water area (2000): 0.000000 sq. miles (0.000000 sq. km) Total area (2000): 1.936828 sq. miles (5.016361 sq. km) FIPS… …   StarDict's U.S. Gazetteer Places

  • Agency, MT — U.S. Census Designated Place in Montana Population (2000): 324 Housing Units (2000): 90 Land area (2000): 8.577370 sq. miles (22.215286 sq. km) Water area (2000): 0.007082 sq. miles (0.018342 sq. km) Total area (2000): 8.584452 sq. miles… …   StarDict's U.S. Gazetteer Places

  • agency — a gen*cy ([=a] jen*s[y^]), n.; pl. {Agencies} ([=a] jen*s[i^]z). [agentia, fr. L. agens, agentis: cf. F. agence. See {Agent}.] 1. The faculty of acting or of exerting power; the state of being in action; action; instrumentality. [1913 Webster]… …   The Collaborative International Dictionary of English

  • agency — [n1] organization, often businessrelated bureau, company, department, firm, office; concepts 325,381,441 agency [n2] power, instrumentality action, activity, auspices, channel, efficiency, force, influence, instrument, instrumentality,… …   New thesaurus

  • agency — [ā′jən sē] n. pl. agencies [ML agentia < prp. of L agere, ACT1] 1. active force; action; power 2. that by which something is done; means; instrumentality 3. the business of any person, firm, etc. empowered to act for another 4. the business… …   English World dictionary

  • agency — (n.) 1650s, active operation, from M.L. agentia, noun of state from L. agentem (nom. agens) effective, powerful, prp. of agere (see ACT (Cf. act) (n.)). Meaning establishment where business is done for another first recorded 1861 …   Etymology dictionary


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