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NeCede's

Maxim 4.4.17

An agent is a person authorized by another to act on his account and under his control.

Source: Wasilowski v. Park Bridge Corp., 156 F.2d 612, 614; Weisman, 4d Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) An agent is defined by authorization, action on another's account, and subjection to another's control — cite this to establish or dispute the existence of an agency relationship.

Where this applies

  • A homeowner gives her neighbor a signed letter authorizing him to sell her car on her behalf; the neighbor is now an agent because he is authorized, acting on her account, and subject to her instructions.
  • A company appoints a regional sales manager to negotiate deals within set price limits; the manager is an agent because he acts under the company's authorization and control.
  • A dispute arises over whether a friend who casually offered to pick up supplies was truly acting as an agent; the court looks for authorization, action on another's account, and control to decide.

Legal domains

Cite this maxim

NeCede Max. 4.4.17 — An agent is a person authorized by another to act on his account and under his control. — Wasilowski v. Park Bridge Corp., 156 F.2d 612, 614; Weisman, 4d

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