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Understanding Agency Law: Agent, Principal, and Power of Attorney

 
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Agent

Agent, in law, a person who is authorized to transact or manage some business for another person or for a company, called a principal. The relation of agent and principal is called agency. The agent's authority to act for the principal is often based on a document called a power of attorney, but authority may be granted orally.

The agent's acts, within the scope of his express or implied authority, are legally binding on the principal and, under certain circumstances, the principal may be bound even by unauthorized acts. The principal may also ratify an unauthorized act and thus become bound. The principal may, under certain circumstances, be liable for torts committed by the agent in the course of conducting the principal's business. (A tort is a civil wrong for which the wronged person may collect damages.)

For rendering service an agent is generally entitled to wages, salary, commission, or other compensation. The law imposes upon an agent the duty of loyalty to the principal and upon the principal the duty to protect the agent against loss or damage incurred while carrying out authorized acts.

The word agent is a general term and includes many classes, such as attorneys, brokers, clerks, consignees, and masters of ships. A general agent is authorized to represent the principal in all matters, or in all matters of a certain class. A special agent is authorized to act on one occasion or in one transaction. A person who represents or substitutes for another in performing one action is sometimes called a proxy, a term also used to describe the document in which such authority to act is set forth. A trustee is an agent who keeps or administers some property or other interest for another person.