In addition, the fact that a person separates from his or her own resources all funds received or paid in connection with another person is an indication of an agency relationship. For example, a person may pay money they received in the name of another person into a separate bank account or pay money in the name of another person from a separate bank account. While agents are not necessarily required to keep disassociated funds, these agreements are compatible with agencies. In general, the approach is to examine the role and transactions made by the alleged agent. The questions were therefore formulated to describe the alleged agent as a ”person” and the alleged ”other party” client. A positive response suggests the existence of an agency relationship. The work order between Moving and Pat Dawson indicated that Pat`s fee should be charged at $200.00 per hour after the truck, flat bed, staff and special equipment left Movinge`s farm until they returned. The agreement also provides for a special authorization fee of $250.00 to be paid separately. Below is our understanding of the application of common law and civil law, which would apply to the determination of the existence of an agency. In particular, we will address the issue under the following headings: determination provisions, the essential qualities of agencies and indicators, the fiduciary character and indicators of the Agency`s relationships, and questions to help determine whether the Agency`s essential qualifications are present in a transaction. Finally, we gave four examples that illustrate the process of determining whether a person is an agent for a particular transaction. The agency exists when a person (the client) authorizes another person (the agent) to represent them and take certain actions on their behalf. The power conferred by the awarding entity may be explicit or implied.
In other words, an agency relationship can be established if a person expressly consents to another act being carried out on his behalf or behaving as involving consent. We can therefore conclude that the acquisitions made by Ms. Green under this agreement are made as a representative of the other two persons and on her own behalf by Ms. Green. We may accept that Ms. Green works as an agent on behalf of the other two individuals and on her own behalf for office installation costs (i.e. offices, furniture and equipment, utilities) and their current operational requirements, including payment of invoices. In a sense, an agent is an extension of a principle, so that the agents` actions are those of principle. As a result, the client acquires the rights and obligations that may arise from the agent`s actions within the framework of the Agency.
The agency`s three core features must be related to a transaction in order for the transaction to be considered by a representative on behalf of a client. Indicators can be useful in determining whether there is an essential quality or essential qualities for a given transaction.
