Académique Documents
Professionnel Documents
Culture Documents
May there be agency in impersonation? Reciprocal relations are created by virtue of a quasi-
contract, by which no consent is required and the
No. The element of representation is absent. On the
rd obligation arises from law or natural equity.
part of the 3 person, there is no knowledge that
the contract is on behalf of a person other than the May knowledge of the agent be imputed to the
one before him or with whom he is negotiating. principal?
Can agency be admissible in all contracts or acts? Yes, except when: 1) agent’s interests are adverse to
the principal, 2) agent’s duty is not to disclose the
Not necessarily. There are certain acts which cannot
information as where he is informed by way of
be performed through an agent such as: the entering
confidential information, 3) where the person
into a marriage contract, the making of wills and
claiming the benefit of the rule colludes with the
testaments, the presence of the accused during the
agent to defraud the principal.
trial of a criminal case, the statements required to be
made under oath, the right to vote during an May agency be created by operation of law?
election, and an act appointed to the agent in person
cannot be delegated to a sub-agent. Yes. For example, agency by estoppel, which creates
a conclusive presumption of an appearance of an
Can the mere use of the term “agency” in one agency.
clause dominate the whole contract?
**In Agency by estoppel, it is very hard to prove the If the termination is made by the principal, it is called
existence of the actual agency; An agent by a revocation. If it is made by the agent, it is called
estoppels is no agent at all withdrawal.
This is not, however, true in negotiorum gestio. What are the instances where special power of
attorney is required?
With respect to the effectiveness of the act
executed by the agent on behalf of the principal, is 1) acts of strict dominion, 2) gratuitous contracts, 3)
there a particular capacity required of the agent? contracts where personal trust or confidence is of
the essence of the agreement
No, so long as he has sufficient intelligence and
freedom of will. May authority be inferred from the fact that the
principal has previously ratified an act of the agent
What is an example of a principal that is a juridical a different character, or an act done under
person? substantially different conditions?
A corporation or partnership acting thru their No. The implication of authority rests not so much
officers of such entity as their agent on the number as on the character of the acts
approved.
May the principal avoid the contract entered into
by his agent in favor of a third person on the Only when can agency by estoppel be invoked?
ground of his agent’s incapacity?
When the third person knew and relied on the
No. The agent’s personality is only an extension of conduct of the principal
the principal. Thus, what is important is the capacity
of the principal and not the agent.