POL 319 Lecture Notes - Lecture 10: Uniform Probate Code, Healthcare Proxy, Testamentary Capacity
15 Oct 2017
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Lecture10: agency liability and termination, scope of agent"s authority, express authority is declared in clear direct and definite terms, generally not required to be in writing to conduct ordinary business, power of attorney. Giving an agent a power of authority confers express authority. Estoppel occurs when the third party relied to his detriment: emergency powers. Ratification is when the principal affirms the act of the agent. If an agent acts within the scope of his authority normally the principal is obligated to perform regardless of level of disclosure. Breach of an implied warranty of authority: actions by e-agents. If principal put agent in a position of authority and agent commits fraud the principal may be liable as well. (banks and loan agents: innocent mistake lacks intent to deceive, liability for agent"s negligence. Respondent superior doctrine holds the principal- employer liable for any harm caused to a third party by an agent-employee.
