Search results
People also ask
What is a gratuitous agent?
Can a person act as a gratuitous agent be forced to work?
When is a gratuitous agent required to act for the principal?
Who is a subagent in a real estate transaction?
A gratuitous agent is a person who is not paid by a principal for the work s/he does. A person who acts as a gratuitous agent can never be forced to work as an agent. However, a person acting as a gratuitous agent has to follow a principle of good faith.
Such a gratuitous agency An agency where the agent receives no compensation. gives rise to no different results than the more common contractual agency. Formalities Most oral agency contracts are legally binding; the law does not require that they be reduced to writing.
The Court of Appeal has recently considered the gratuitous agent’s duties in Chaudhry v. Prabhakar. 1. The plaintiff was a young woman who had recently passed her driving test and had no mechanical knowledge of cars. She asked the first defendant, a close friend, to find for her a suitable car to buy which had not been involved in an accident.
even if the agent is not compensated (i.e. a gratuitous agent). Under most circumstances, the gratuitous agent is not required to act for the principal but is required to perform when he/she causes the principal to reasonably rely on the agent and refrains from undertaking a particular act as a result of that reliance.
- Agent
- Agency
- Agency Dissolution
- Authority of Agents
- Who Can Become An Agent?
- Agent Rights
- Agent Liability
Definition 1. A person who performs services for another person under an express or implied agreement and who is subject to the other's control or right to control the manner and means of performing the services.The other person is called a principal. One may be an agent without receiving compensation for services. The agency agreement may be oral ...
Contracts An agreement, express , or implied, by which one of the parties, called the principal, confides to the other, denominated the agent, the management of some business; to be transacted in his name, or on his account, and by which the agent assumes to do the business and to render an account of it.As a general rule, whatever a man do by hims...
An agency may be dissolved in two ways: 1. By the act of the principal or the agent. 2. By operation of law. The agency may be dissolved by the act of one of the parties. First, as a general rule, it may be laid down that the principal has a right to revoke the powers which he has given; but this is subject to some exception, of which the following...
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...
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.It is not, therefore, requisite that a person be sui juris, or capable of acting in his own right, in order to be qualified to act for others. Infants, femes cove...
An agent has rights which he can enforce, and is, liable to obligations which he must perform. These will be briefly considered: The rights to which agents are entitled, arise from obligations due to them by their principals, or by third persons. Their rights against their principals are: 1. To receive a just compensation for their services, when f...
The liabilities of agents to their principals arise from a violation of their duties and obligations to the principal, by exceeding their authority, by misconduct, or by any negligence or omission, or act by which the principal sustains a loss. Agents may become liable for damages and loss under a special contract, contrary to the general usages of...
May 15, 2013 · A “referring agent” is one who makes a referral to another agent, but otherwise has no involvement in the transaction. E. Compare “Gratuitous Agents” 1. A person does not become the agent of another simply by offering help or making a suggestion. (Violette v. Shoup (1993) 16 Cal App 4th 611.) 2.
Mar 18, 2024 · A gratuitous agent is an individual who acts on behalf of another party without expecting any compensation or payment in return. In legal terms, this person voluntarily undertakes tasks or responsibilities on behalf of someone else, without entering into a formal contract or agreement that would typically involve payment for their services.
