When Agency Relationship Arises

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The relation of principal and agent arises wherever one person, expressly or by implication, authorizes another to act for him or subsequently ratifies the acts of another in his behalf.

(Orig. Code 1863, § 2157; Code 1868, § 2152; Code 1873, § 2178; Code 1882, § 2178; Civil Code 1895, § 2997; Civil Code 1910, § 3569; Code 1933, § 4-101.)

OPINIONS OF THE ATTORNEY GENERAL

Department of Administrative Services.

- Department of Administrative Services is the state manager for administrative aspects of workers' compensation program and, as such, is an agent for each individual department or instrumentality in its relations with the State Board of Workers' Compensation. 1980 Op. Att'y Gen. No. 80-55.

RESEARCH REFERENCES

Am. Jur. 2d.

- 3 Am. Jur. 2d, Agency, § 14 et seq.

Establishing Agency by the Circumstances in Real Estate Transactions, 45 POF3d 453.

C.J.S.

- 2A C.J.S., Agency, §§ 34, 52.

ALR.

- Right to recover against employee or his bond for money or property, the fruits of an employment involving a violation of law, 2 A.L.R. 906.

Validity of rule or stipulation making messenger in employment of telegraph company agent of sender in taking message to office for transmission, 9 A.L.R. 1235.

One doing work under a cost plus contract as an independent contractor or a servant or an agent, 55 A.L.R. 291.

Regulations, rules, customs, or usage of stock or produce exchange or of stock or produce broker as affecting customers, 79 A.L.R. 592.

Lessee as agent of lessor within contemplation of mechanic's lien laws, 79 A.L.R. 962; 163 A.L.R. 992.

Doctrine of ratification invoked to charge one person with responsibility for the negligence of another not authorized to act for him, 85 A.L.R. 915.

Right of one who deals with another as principal to set up latter's apparent authority as agent, 95 A.L.R. 1319.

Trustee in mortgage securing bonds as agent of obligor or holder of bonds as regards deposit or payment in respect of principal or interest, 96 A.L.R. 1233.

Liability of bank for losses incurred on loans or investments made on recommendation of its officers or employees, 113 A.L.R. 246.

Profession at time of act or contract to be acting for another as a necessary condition of its ratification by latter, 124 A.L.R. 893.

When agency for sale of goods deemed exclusive agency, in the absence of express provision in that regard, 126 A.L.R. 1233.

What amounts to ratification by owner of unauthorized employment by broker or agent of subagent to procure a sale or purchase of property, 136 A.L.R. 1418.

What amounts to ratification by principal or master of libel or slander by agent or servant, 139 A.L.R. 1066.

Variance between allegation and proof as regards identity of servant or agent for whose acts defendant is sought to be held responsible, 139 A.L.R. 1152.

Advertising agency as agent of advertising medium or of advertiser, 53 A.L.R. 1139.

Liability of partners or partnership for libel, 88 A.L.R.2d 474.

Continuation of agency beyond contract period as extending contract for like period, 6 A.L.R.3d 1352.

Hospital's liability for negligence in connection with preparation, storage, or dispensing of drug or medicine, 9 A.L.R.3d 579.

Doctrine of apparent authority as applied to agent of municipality, 77 A.L.R.3d 925.


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