Which of the following Would Result in Termination of Agency by Operation of Law
[In one case cited,] Constable Kerry Collins, a Jackson police officer, was on duty when he came across the parked car of L.T., a minor, and her boyfriend who wanted to engage in sexual activity. [Quote] Constable Collins asked L.T. to take his friend home, and he would follow her to make sure she followed his orders. After L.T. dropped off her boyfriend, Agent Collins continued to follow her until he arrested L.T. Constable Collins then asked L.T. to follow him to his apartment, or he would inform L.T.`s parents of their activities. L.T. followed Constable Collins to his apartment, where they engaged in sexual activity.
When she returned home, L.T. told her parents everything that had happened. L.T. and his parents filed a lawsuit against Constable Collins, the City of Jackson, and the Westwood Apartments, where Constable Collins lived without rent in exchange for his services as a security guard. The District Court issued a summary decision in favor of the city, which found that Constable Collins was acting outside the course and scope of his employment with the Jackson Police Department. [Quote] Which of the following would terminate a registration contract? In this case, there were indications of the following variety of circumstances: the title of Executive Vice President of Brown; the location of his office vis-à-vis the President; his frequent contacts with the President; the long course of business and negotiations; encouraging the president in Kanavos to deal with Brown; Brown`s earlier amendment of the agreement on behalf of the bank on important issues, namely the price to be paid by the bank for the shares and the redemption price; the size of the bank (fourteen or fifteen branches in addition to the main office); the secondary and non-fundamental change in the terms of the agreement, which the Bank has now rejected, measured against the context of the overall operation; and Brown`s vast operating power. All this together would support a determination of apparent authority. If a senior manager is allowed to perform general management functions, as in this case, the public expects the company to be bound by commitments made on its behalf by those who claim to have the power and appear to have the power to accept convincingly. [Quote] Of course, this principle does not apply if, in the commercial context, the requirement of a certain authority is assumed, for example the sale of .B significant asset by a company or a transaction which, by its very nature, obliges the company to an obligation outside the scope of its ordinary business. The amending agreement of 16 July 1976 signed by Brown should have been admitted as evidence and a judgment should not have been rendered.
5. Destruction of the object: The destruction of the Object of the Agency automatically puts an end to it. For example, A employs someone to rent out their house. The house collapses in an earthquake, the agency ceases to exist. « It will always be safer and more profitable for a man to run his business by proxy than in his own person. He would escape responsibility for the consequences of many actions associated with his business, arising from the imperfections of human nature, because they are done by another for which he would be responsible if he were done by himself. In the meantime, the public, who are obliged to negotiate or contact their agent, must remain completely without compensation for injuries caused by them. It could entrust irresponsible pecuniary persons with the custody of large factories, large mines, ships at sea or railway trains on land, and such persons could, by exercising the global power thus conferred on them, inflict gratuitous and malicious violations on third parties, without any restrictions other than those resulting from the imperfect enforcement of criminal laws.
Such a fruitful doctrine of calamity could not remain unshakable for long in enlightened jurisprudence. This court often held the master accountable, even if the agent was intentional, provided that he was committed in the course of his employment. [Quote] » 1. Execution of the contract: If the agency is for a specific purpose, the agency terminates when the object is fulfilled. Even if the power of attorney has expired, either by the action of the parties or by legal force, the client can still be held liable. Apparent authority will still exist in many cases; This is called persistent authority, which occurs when the actual authority has been terminated, but third parties are led by the customer`s negligence to believe that it still exists. It is imperative that upon termination of the power of attorney, a principal notifies all those who may still be able to manage the agent. The only exceptions to this requirement are if the termination is due to death, loss of capacity of the client or an event that would make it impossible to achieve the agency`s purpose. .