Professional Documents
Culture Documents
AgPart 925 - Rev 1
AgPart 925 - Rev 1
2.
General Agency
All the business of the principal
Acceptance by Agent
1. express
2. implied
a. agents acts w/c carry out the agency
b. silence/inaction accdg. to circumstances
Acceptance of Agency Between Persons PRESENT: Implied
1. principal delivers his power of attorney to agent
2. agent receives it w/o objection
3.
Special Agency
One or more specific transactions
Power EXCLUDED
Power to mortgage
Power to sell
Power to submit to arbitration
SIENNA A. FLORES
AGENCY
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c.
2.
ACTS OF AN
AGENT
ACCEPTS
agency
DECLINES
agency
WITHDRAWS
agency
ADVANCE
FUNDS
RENDER AN
ACCOUNT
CONSEQUENCES
- bound to carry out the agency
- otherwise he will be liable for damages
- he must finish business already begun upon
death of principal should deal entail any danger
if goods are forwarded to him: observe diligence
of a good father of a family in custody &
preservation of goods until a new agent is
appointed
he must continue to act until principal takes
necessary steps to meet situation
GR: If stipulated, agent is bound to advance
funds necessary for the execution of agency
Exception: When the principal is insolvent
Obligation of Principal: reimburse agent (w/
interest from the day the advanced money) even
if the business or undertaking was not successful,
provided the agent is free from fault
1. must render account to principal
2. must deliver to principal whatever is received
by virtue of the agency (even though not
owing to the principal)
3. this obligation arises & becomes demandable
at agencys end
4.
Unenforceable
Art.
1898
Void
Art.
1900
Valid
1.
a.
SIENNA A. FLORES
AGENCY
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SIENNA A. FLORES
AGENCY
-4-
2.
CASE DOCTRINES
CHAPTER I: NATURE, FORM AND KINDS OF AGENCY
EUROTECH INDUSTRIAL TECHONOLOGIES INC. VS. CUIZON
SIENNA A. FLORES
AGENCY
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SIENNA A. FLORES
AGENCY
-6-
SIENNA A. FLORES
AGENCY
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SIENNA A. FLORES
AGENCY
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When the 3rd person knows that the agent was acting
beyond his power or authority, the principal can not be
held liable for the acts of the agent. If the said 3 rd person
is aware of such limits of authority, he is to blame, and is
not entitled to recover damages from the agent, unless
the latter undertook to secure the principal's ratification.
SIENNA A. FLORES
AGENCY
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The agent in the case at bar was acting w/in its authority
as the sole real estate representative of petitioner when it
made the delivery to Kee. In acting within its scope of
authority, it was, however, negligent. It is this negligence
that is the basis of principals liability.
LIMKETKI SONS V. CA
Even though they were mere agents, they are still liable if
they acted beyond their authority.
Both the owner and the agent should be declared jointly &
severally liable, since the obligation w/c is the subject of
this action had its origin in a tortuous act & did not arise
from contract.
Cochingyan: Different from Smith Bell case. In the Smith Bell case,
there was a contract and the agent was not liable. In Verzosa, the
agent was liable. However, his liability is not based on a contract,
but from a tortuous act.
ALBALADEJO Y CIA V. PRC
SIENNA A. FLORES
AGENCY
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DE CASTRO V. CA
The GPA appointing Muyot as Carmens agent or attorneyin-fact was extinguished upon Carmens death. Muyot was
bereft of authority to represent Carmen.
The NCC does not impose a duty on the heirs to notify the
agent of the death of the principal. What the NCC provides
in Article 1932 is that, if the agent dies, his heirs must
CMS appointed DRACOR as its agent for the sale of its logs
to Japanese firms. Yet, during the existence of the
contract of agency, DRACOR admitted that CMS sold its
logs directly to several Japanese firms. This act constituted
an implied revocation of the contract of agency.
The power doesnt expressly state that the agent may sell
the boat, but power so full & complete authorizing the
sale of real property must necessarily carry w/ it the right
to sell a half interest in a small boat.
DY BUNCIO AND CO V. ONG GUAN CA
SIENNA A. FLORES
AGENCY
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COLEONGCO V. CLAPARLOS
SIENNA A. FLORES
AGENCY