Agent is a legal term used to describe a person who has been given significant powers or responsibilities to exercise on behalf of another person. The liability of representatives towards their principals arises from a breach of their duties and obligations towards the principal, by excess of powers, fault, negligence or omission or act by which the principal suffers damage. Representatives may be liable for damages and losses resulting from a special contract contrary to common commercial usage. They can also become liable if they charge a commission del credere. Agents usually derive their power of attorney from a legal agreement such as a [power of attorney]www.lawdistrict.com/power-of-Procur/). Alternatively, they may be appointed by a company to carry out the steps of a business plan or to represent the company in its tax, financial or legal affairs under the terms of an LLC operating agreement. If a change of state or condition results in the incompetence of one of the parties; If the client marries as a woman, it would be a revocation, because the power to create a representative is based on the client`s right to do the deal herself, and a married woman does not have that power. These people may also be called lawyers or simply lawyers, depending on their expertise and functions. They usually have the legal authority to make decisions for the person appointing them and will usually represent them when entering into important agreements such as signing contracts and acquisitions. AGENT, contracts. He who undertakes to settle a matter for another, by his authority for the sake of the latter, who is called the principal, and to account for it.
2. There are different descriptions of officers who are given different names depending on the nature of their employment; as brokers, postmen, supercargo, avocados and the like; They are all contained in this general term. The power of attorney is created either by document or by simple writing, slogan or simple use, depending on the capacity of the parties or the nature of the act to be performed. It is therefore express or implied. Empty authority. 3. It is generally or specifically designated according to its purpose, i.e. it is limited to a single act or extends to all acts related to a specific employment. 4. As to the manner in which it is carried out, it is either limited or unlimited, i.e. the representative is bound by specific instructions (s.c.s.) or left to his discretion. It is the duty of an agent, 1, to do what he has done in relation to his agency.
2, To exercise all necessary precautions. 3, To create an account. Pothier, Tr. du Contrat de Mandat, passim; Paley, Agency, 1 and 2; 1 booklet. Agency, 2; 1 Suppl. to Ves. Jr. 67, 97, 409; 2 Id. 153, 165, 240; Ferry. Master and servant, 1; 1 ves.
Jr. R. 317. Empty Smith on Merc. Law, chap. 3, p. 43,. Ff. and agency, authority and client articles.
5. The agents are common or several. It is a general common law rule that if two or more persons receive a power of attorney to do something, and there are no multiple powers of attorney, all attorneys must agree to bind the principal. 3 Selection. R. 232; 2 Selection. R. 346; 12 Mass. R. 185; Co.
Litt. 49 b, 112 b, 113 and Harg. No. 2; Id. 181 b. 6 Pick. R. 198 6 John. No.
39; 5 Barn. et ald. 628.6. This rule has been interpreted in such a way that, if the power of attorney is granted jointly and severally to three persons, two cannot properly enforce it; This must be done by all or by one. Co. Litt. 181 b; Com. Dig. Lawyer, C 11; But if the power of attorney is formulated in such a way that it is obvious that the client intends to give power of attorney to one of them, a performance by two will be valid. Co. Litt.
49 b; Dy. R. 62; 5 Barn. et ald. 628. This rule applies to private establishments: in public establishments, an authority executed by a major would suffice. 1 Co. Litt. 181b; Com. Dig.
lawyer, C 15; Ferry. From. Authority, C; 1 T. R. 592. 7. However, the rule in commercial transactions is quite different; And in general, if there are several agents, each has all the power. For example, when sending goods for sale to two factors (whether partners or not), it is assumed that each of them has full control over the goods for the purpose of shipment. 3 Wils. R. 94, 114; Articles on Ag. Section 43.8.
With regard to persons who may become representatives, it can be seen that only a few persons are excluded from the exercise of the powers conferred on them by others. It is therefore not necessary for a person to be sui juris or capable of acting independently in order to be qualified to act for others. Infants, undercover women, people obtained or ostracized, strangers, and other people incompetent for many purposes may act as agents for others. Co. Litt. 62; Ferry. From. Authority, B; Com. Dig. lawyer, C 4; Baron and Feme, p.
3; 1 hill, S. Car. No. 271; 4 towers. 465; 3 Miss R. 465; 10 John. No. 114; 3 watts, 39; 2 pp.
and R. 197; 1 animal. A. 170. 9. However, in the case of a married woman, it should be noted that she cannot be another person`s agent if her husband expressly objects, especially if he can be held responsible for his actions. People who obviously have no understanding, like idiots and crazy people, cannot be agents for others. Articles on Ag. ยง 7.10. There is another class which, although understanding, is incapable of acting as agents for others; These are persons whose duties and character are incompatible with their obligations to the client. For example, a person cannot act as an agent when purchasing goods for another that belongs to him.