12 Agency Nov 4
12 Agency Nov 4
12 Agency Nov 4
Agency – by contract of agency, a person binds If you are the ward of a PWD – specifically a
himself to render some service or to do minor. Can a minor can enter into a contract?
something in behalf of another with the consent No.
or authority of the principal
If he enters into a juridical relationship, he must
Why should one should appoint an agent? appoint a guardian. He acts through a guardian.
Extend personality Guardian represents the minor.
Delegation of transactions so that you
can focus on other Is the guardian an agent?
Even if the principle did not sign himself, yet he What is an administrator?
is still bound. Regardless of privity. To
substitute that privity of contract – consent How do we distinguish an administrator
from an executor?
Consent is important. Otherwise, agent will be Executor – appointed by the testator in a will
personally bound. Administrator – appointed by court
Situation. Guard representing the school. Basic difference: There is a WILL and he
Is he an agent? shall comply the terms in the will. If there
(Ela) No. Security guard is not authorized to is NO Will, court appoints an
enter into legal relations or enter into contracts administrator.
with third persons binding the school as its
principal. What is a trustee?
Person in whom confidence is reposed.
Acts are only in accordance with the Represents the beneficiary
instruction of the school employing its
services. Trustee acts in his own name. He appears to
be the owner.
For there to be a valid agency:
(1) There must be an authority to act in Situation. Trust agreement executed
behalf of another
(2) Such authority must carry with it the
power to enter into a juridical or legal Independent Contractor vs AGENCY
relationship AGENCY INDEPENDEN
T
Bottomline: CONTRACTO
R
Control
Liability
Situation. Girlfriend chuchu. Implied consent.
And yet you sold it, you found a buyer. You
Do you think you can presume that you can hug texted the following day, here is buyer X ready
her? to pay you.
What is the difference between presumption Buyer and Agent went to the house of the
and implication. owner. Seller failed to deliver.
IMPLICATIO PRESUMPTI
N ON SUMMARY OF FACTS.
Owner texted vargas to tell him to sell. Vargas
did not reply. Vargas not habitually engaged. =
NO IMPLIED ACCEPTANCE, NOT AN AGENT
How is agency created?
(1) Express – express consent either orally If he sells the car to the buyer. Owner failed to
or in writing deliver.
(2) Implied - implied from the acts of the What will happen now? THERE IS AN IMPLIED
principal which could be established ACCEPTANCE. Act of agent is deemed implied
from: acceptance.
(a) Silence
(b) Lack of action The fact that Vargas texted the following day, it
(c) Failure to repudiate the agency has effected the contract of agency.
Who has the burden of proof that indeed Contract of agency must be written. Otherwise,
it is an agent? VOID.
One who alleges that agency exists.
Situation. It was in writing and was able to sell
ACCEPTANCE the property. However, after selling the
May also be either implied or express property and buyer paid the owner. You asked
the owner for compensation, are you entitled?
(1) Express – expressly accepts the Yes. There is a presumption that agency is
appointment onerous and service must be compensated.
(2) Implied thru
(a) Acts of agent which constitute the You are only given one week to sell the land.
agency You will be entitled for 5%. One week passed,
(b) Silence unable to sell. You learned someone else able
(c) Inaction to sell.
Instance when there is implied acceptance No. Only entitled to compensation when
(1) Acceptance between person present successful in fulfilling obligation. NO SUCCESS,
(2) Acceptance between person absent NO COMPENSATION.