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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