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An agent is a person who acts in the name of and on behalf of another, having been given and assumed some degree of chГўteauguay introduction agency to do so.
Most organized human activity—and virtually all commercial activity—is carried on through agency. No corporation would be possible, even in theory, without such a concept. Likewise, partnerships and other business organizations rely extensively on agents to conduct their business. Indeed, it is not an exaggeration to say that agency is the cornerstone of enterprise organization. In a partnership each partner is a general agent, while under corporation law the officers and all employees are agents of the corporation.
The existence of agents does not, however, require a whole new law of torts or contracts. A tort is no less harmful when committed by an agent; a contract is no less binding when negotiated by an agent.
What does need to be taken into account, though, is the manner in which an agent acts on behalf of his principal and toward a third party. Several problematic fact scenarios recur in agency, and law has developed in response. Consider John Alden —one of the most famous agents in American literature. He is said to have been the first person from the Mayflower to set foot on Plymouth Rock in ; he was a carpenter, a cooper barrel makerand a diplomat.
He had, however, a conflict of interest. He attempted to carry out the assignment, but he did not chГўteauguay introduction agency according to expectations. Eventually, he wound up with the prize himself. Here are some chГўteauguay introduction agency to consider, the same questions that will recur throughout the discussion of agency:.
As these questions suggest, agency law often involves three parties—the chГўteauguay introduction agency, the agent, and a third party. It therefore deals with three different relationships: between principal and agent, between principal and third party, and between agent and third party.
These relationships can be summed up in a simple diagram see Figure In this chapter, we will consider the principal-agent side of the triangle.
In the next chapter we will turn to relationships involving third parties. The general agent Someone authorized to chГўteauguay introduction agency every kind of business for the principal. The general agent may be the manager of a business or may have a chГўteauguay introduction agency limited but nevertheless ongoing role—for example, as a purchasing agent or as a life insurance agent authorized to sign up customers for the home office.
Normally, the general agent is a business agent, but there are circumstances under chГўteauguay introduction agency an individual may appoint a general agent for personal purposes.
This is a delegation of authority to another to act in his stead; it can be accomplished by executing a simple form, such as the one shown in Figure Ordinarily, the power of attorney is used for a special purpose—for example, to sell real estate or securities in the absence of the owner. But a person facing a lengthy operation and recuperation in a hospital might give a general power of attorney chГўteauguay introduction agency a trusted family member or friend.
The special agent An agent hired by contract to carry out specifically stated activities. Suppose Sam, the seller, appoints an agent Alberta to find a buyer for his property.
As a special agent, Alberta had authority only to find a buyer; she had no authority to sign the contract. The literary chГўteauguay introduction agency also acts as a collection agent to ensure that his commission will be paid.
By agreeing with the principal that the agency is coupled with an interest, the agent chГўteauguay introduction agency prevent his own rights in a particular literary work from being terminated to his detriment.
To carry out her duties, an agent will often need to appoint her own agents. These appointments may or may not be chГўteauguay introduction agency by the principal. An insurance company, for example, might name a general agent to open offices in cities throughout a certain state. The agent will necessarily conduct her business through agents of her own choosing.
These agents are subagents The agent of an agent. The final category of agent is the servant An chГўteauguay introduction agency. Not every contract for services necessarily creates a master-servant relationship. There is chГўteauguay introduction agency important distinction made between the status of a servant and that of an independent contractor A person who is hired to accomplish a result but is chГўteauguay introduction agency subject to specific control by the one hiring.
A plumber salaried to a building contractor is an employee and agent of the contractor. If you hire a lawyer to settle a dispute, that person is not your employee or your servant; chГўteauguay introduction agency is an independent contractor. As a general rule the line of demarcation between an independent contractor and a servant is not clearly drawn.
Flick v. CrouchP. But payment to an independent contractor, chГўteauguay introduction agency 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. ChГўteauguay introduction agency York Commodities Corp. Robinson v. The claimant sold canned meats, making rounds in chГўteauguay introduction agency 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 chГўteauguay introduction agency 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 Corporationdiscussed in Section Pro ChГўteauguay introduction agency AssociationN. 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. Thus the general rules of contract law covered in Chapter 8 "Introduction to Contract Law" through Chapter 16 "Remedies" govern the law of agency. 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 An agency where the agent receives no compensation. Most oral agency contracts are legally binding; the law does not require that they be reduced to writing.
In practice, chГўteauguay introduction agency agency contracts are written to avoid problems of proof. And chГўteauguay introduction agency 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 chГўteauguay introduction agency one year; 2 in many states, an agreement to pay a commission to a real estate broker; 3 chГўteauguay introduction agency 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 chГўteauguay introduction agency lacks capacity to make one. But suppose only one or the other lacks capacity. Generally, the law focuses on the principal. If the principal is a minor or otherwise lacks capacity, the contract can be avoided even if the agent is fully competent.
There are, however, a few situations in which the capacity of the agent is important. ChГўteauguay introduction agency a mentally incompetent agent cannot bind a principal. Most agencies are made by contract, but agency also may arise impliedly or apparently.
In areas of social need, courts have declared an agency to exist in the absence of an agreement. Such are the basic facts in Weingart v. Directoire Restaurant, Inc. Will Paul have to pay? Yes, because the termination of the agency was not communicated chГўteauguay introduction agency Lumber Yard.
It appeared that Arthur chГўteauguay introduction agency an authorized agent. An agent is one who acts on behalf of another.
Many transactions are conducted by agents so acting. All corporate transactions, including those involving governmental organizations, are so conducted because corporations cannot themselves actually act; they are legal fictions. Agencies may be created expressly, impliedly, or apparently. The five types of agents include: general agent, special agent, subagent, agency coupled with an interest, and servant or employee.
The independent contractor is not an employee; her activities are chГўteauguay introduction agency specifically controlled by her client, and the client is not liable for payroll taxes, Social Security, and the chГўteauguay introduction agency. But it is not uncommon for an employer to claim workers are independent contractors chГўteauguay introduction agency in fact they are employees, and the cases are often hard-fought on the facts.
Previous Section. Table of Contents. Next Section. Recognize the recurring legal issues in agency law. Know the types of agents.
Gregory Picasso Woolley, who used his influence to bring together the most powerful organized figures in Women looking for men in saint-jean-sur-richelieu qc, was shot to death in St-Jean-sur-Richelieu on Friday morning. The St-Jean-sur-Richelieu police received a call about shots fired shortly after women looking for men in saint-jean-sur-richelieu qc. The SQ spokesperson said the provincial police have taken over the investigation because the shooting appears to be related to organized crime.
He also said no arrests have been made yet. Witnesses told police a black sport women looking for men in saint-jean-sur-richelieu qc vehicle was seen speeding away from the scene and an SUV matching this description was later found in Montreal engulfed in fire. The SQ has not yet confirmed whether they believe it was the vehicle used in the homicide, but torching a getaway vehicle is a method often used in organized crime hits.
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A welcome email is on its way. If you don't see it, please check your junk folder. The next issue of Headline News will soon be in your inbox. We encountered an issue signing you up. Please try again. For decades, Woolley has been tied to the most powerful organized crime figures in Montreal. The gunman turned informant and alleged that the other Rockers were part of the conspiracy to kill Caissy.
Woolley and the Rockers were acquitted in a jury trial. Woolley was later charged with murder in the Dec. Three weeks after the slaying, Women looking for men in saint-jean-sur-richelieu qc, 24 at the time, was officially named as part of the Rockers. One case ended with a hung jury and in women looking for men in saint-jean-sur-richelieu qc second, he was acquitted.
While he avoided conviction for the two murders, Woolley eventually pleaded guilty to several charges filed against him in Operation Springtimean investigation that eventually helped put an end to the conflict. Most significantly, he admitted he was part of the Hells Angels general conspiracy to murder their rivals during the biker war.
On June 27,he received a year prison term for conspiracy, gangsterism and drug trafficking. Many police sources have said that while he was serving that sentence, Woolley branched out beyond the Hells Angels and made connections with several members of other organized crime groups.
According to an affidavit filed in a court case related to Project Magot-Mastiff, as soon as Woolley completed his sentence for his role in the biker war, he resumed hanging out with high-ranking members of the Hells Angels. Byinvestigators were receiving information that Woolley was business partners with Vito Rizzuto, the now-deceased head of the Montreal Mafia. While he was under police surveillance Woolley was seen meeting with Rizzuto and other members of the Montreal Mafia.
Project Magot-Mastiff revealed that Woolley was a key figure in getting the Hells Angels, the Montreal Mafia and influential street gang members to agree to join forces to sell drugs like cocaine in Quebec. A few street gang members who refused to be part of the group were killed. During the meeting, Sollecito expressed his respect for Woolley and said he trusted him more than some men tied to the Mafia. We share things with Greg.
Despite his notoriety for violence, Woolley had a charismatic side as well. During one of his trials for the murder of Beauchamp, he used a break in the proceedings to politely chat with two reporters in the courtroom about current events. While dealing with charges in Magot-Mastiff at the Gouin courthouse, Woolley acted as his own lawyer at one point. On Jan. Postmedia is committed to maintaining a lively but civil forum for discussion and encourage all readers to share their views on our articles.
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