Agency is a concept found in the English Common Law from which
American Common Law descended. The details of this, as any law, may
vary depending on your jurisdiction ... but as a very general concept
"Agency" is similar throughout Anglo-American jurisprudence.
There is a fairly authoritative summary of Agency Common Law called
the Restatement of Agency ... a fat book but very organized. Amazon
ISBN 9991345639 --- you'll probably want to get it from your library
instead of buying it .. it seems to be out of print & hard to get a
hold of. It is put out by the American Law Institute please see
http://www.ali.org/ which does NOT CREATE the law, but (at least
purports to...) describe the law as it exists.
The Restatement of Agency was revised in 1957 and therefore called the
Restatement (Second) of Agency. A third Restatement appears to be
underway, please see
http://www.findarticles.com/p/articles/mi_qa3655/is_200210/ai_n9142773
smf http://eprints.law.duke.edu/archive/00000854/ although I doubt
that the general concepts would change much.
---
The UCC is a model statute that may or may not be in force in any
jurisdiction you reside. That is, California may have adopted it with
one set of changes, whereas Nebraska may have adopted it with another
set of changes ... depending on the differences between the needs of
Nebraskans vs. Californias (... just an example... .) There may be
special statutes regarding agency in the UCC but the first thing to do
is to find out what was actually enacted in the relavant jurisdiction
(...which MAY be your home ... or MAY be somewhere else ... depending
on any relevant contract ... didja notice that your credit cards (if
any) are probably subject to the laws of South Dakota???)
If there is a law school anywhere near your town, I suggest asking the
law librarian. They often LOVE to answer these sorts of questions.
Your county court may also have a law library similarly helpful.
all this is strictly hypothetical of course!
---
P.S. according to the ALI:
"Restatement of the Law Second, Agency, deals with the relations
between principal and agent, principal and third person, and agent and
third person. In addition to stating the applicable rules when an
agency relationship exists, it deals with situations having legal
consequences similar to those characterized by an agency relationship.
Thus, it states not only the legal relations resulting when an agent
exceeds his authority, but also those resulting both before and after
ratification when one who is not an agent purports or assumes to act
as such. It also includes the termination of powers given as security,
powers which, although existing in the form of agency powers, do not
involve an agency relation because of the absence of a duty by the
powerholder to act for the benefit of the one granting the power.
Topics covered are titled Creation of a Relation; Creation and
Interpretation of Authority and Apparent Authority; Ratification;
Termination of Agency Powers; Duties and Liabilities of each party to
another; Admissibility in Evidence of Statement of Agents."
--
P.P.S. Let me suggest you check out http://www.lectlaw.com/def/a026.htm |