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Elements of the Law of Agency Elements of the Law of Agency
By Ernest W. Huffcut
1999/10 - Beard Books - Law Classic
1893122239 - Paperback - Reprint - 299 pp.
US$34.95

An illuminating look at the early legal development of the law governing agency.

Publisher Comments

Category: Law

This title is part of the Treatises list.

A highly informative examination of the early cases establishing the legal obligations incurred by a principal through the acts of an agent. Included are the formation of the relation of principal and agent, and the legal effect of the relation as between principal and agent, and as between the principal and agent to third parties.

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Ernest Wilson Huffcut, professor of law in the Cornell University Law School, was born in Kent, Litchfield county, Connecticut on November 21, 1860 and entered Cornell in 1880, graduating in 1884 with the degree of B.S. During the next year he acted as private secretary to President White, upon whose resignation, in 1885, he became instructor in English. This position he held three years, meantime studying law and graduating with the first class from the Law School in 1888. He practiced law for two years in Minneapolis, serving most of the time as judge advocate-general of the State. In 1890 he accepted the position of professor of law in Indiana University, and in 1892 in Northwestern University, Chicago. In 1893 he was called as professor of law at Cornell. He has been a frequent contributor to legal periodicals and periodicals devoted to political science. On the appointment of ex-President White as minister to Russia, Mr. Huffcut was strongly urged for the position of secretary of legation, but owing to his engagement with Northwestern University Law School was obliged to withdraw his name from consideration. He died in 1907.

INTRODUCTION

Chapter I. Preliminary Topics
1-2. The General Doctrines of Representation 1
3. Constituents and Representative 4
4. Distinction between Agent and servant 6
5. Definition of Agent 7
6. Distinction between Agency and other Contractual Relations 8
7. Classification of Agents 10
8. Divisions of Subject of Agency 11
PART I. FORMATION OF THE RELATION OF PRINCIPAL AND AGENT
Chapter II. Formation of the Relation by Agreement
10. Elements of Agreement 14
1. Agency by Contract
11. Elements of Contract 14
12. Forms of Agreement 15
13. Consideration 16
14. Parties--Competency 17
15. Infant Principal 17
16. Insane Principal 18
17. Married Women as Principals 20
18. Corporations as Principals 21
19.  Partnerships as Principals 21
20. Unincorporated Clubs as Principals 22
21. Aliens as Principals 22
22. Joint Principals 23
23. Competency of Agents 23
24. Joint Agents 24
25. Sub-Agents 25
26. Form of Contract 26
27. Legality of Object 27

2. Gratuitous Agents
28. As between Principal and Third Party 27
29. As between Principal and Agent 28

Chapter III. Formation of the Relation by Ratification
30.  Meaning of Ratification 29
1. Elements of Ratification
31.  Analysis 30
32.  Act in Behalf of Existing Principal 30
33. Assent of Principal 31
34. Assent may be Express or Implied 32
35. Assent by Silence 34
36. Assent must be in toto and Unconditional 35
37. Assent must be free from Mistake or Fraud 36
38. Assent: Has Third Party a Right to recede before Assent of Principal 37
39. Competency of Principal 38
40.  Form of Ratification 40
41.  Legality or Validity of Act: General Rule 41
42.  Same: Exceptions to Rule 41
43. Same: converse of Rule 42
44. Same: Ratification of Forgery 43
2. Legal Effects of Ratification
45. Ratification is Irrevocable 44
46. Effect as between Principal and Third Party 44
47. Effect as between Principal and Strangers 45
48. Effect as between Principal and Agent 45
49. Effect as between Agent and Third Party  46

Chapter IV. Formation of the Relation by Estoppel
50.  Agencies not resting on Assent 47
51.  Meaning of Estoppel 47
52.  Application to Law of Agency 48
53. Limits of the Doctrine 49
Chapter V. Formation of the Relation by Necessity
54. General Doctrine of Contracts from Necessity 51
55. Agency of Wife in Purchase of Necessaries 51
56. Agency of Infant Child in Purchase of Necessaries 52
57. Agency of Shipmaster 53
58. Agency of Unpaid Vendor 53
59. Other Illustrations 53
Chapter VI. Termination of the Relation
60.  Ways in which Relations may be terminated 55
1. By Bilateral Act.
61.  By Terms of Original Agreement 55
62.  By Subsequent Agreement 55
2. By Unilateral Act.
63-68. Revocation 56
69. Renunciation 60
3. By Operation of Law.
70.  By Change affecting Subject-matter 61
71.  By Change in Condition of Parties 62
4. Irrevocable Agencies.
72.  Doctrine of Irrevocable Agencies 66

PART II. LEGAL EFFECT OF THE RELATION AS BETWEEN PRINCIPAL AND AGENT

Chapter VII. Obligations of Principal to Agent
75-83. Compensation of Agent 69
84. Reimbursement of Agent 79
85. Indemnity to Agent 80
86. Non-assignability of Obligations 81
Chapter VIII. Obligations of Agent to Principal
1. Agents by Contract
88. Obedience 82
89. Prudence 83
90.  Good Faith 84
91.  Accounting 86
92-95.   Acting in Person: Appointment of Sub-Agents 89
96. Del Credere Agents 94
2. Gratuitous Agents.
97. Obligations of Gratuitous Agents 95
98. Gratuitous Bank Directors 97
PART III. LEGAL EFFECT OF THE RELATION AS BETWEEN THE PRINCIPAL AND THIRD PARTIES.
Chapter IX. Contract of Agent in Behalf of a Disclosed Principal
1. In Agencies Generally
101.  Contracts actually authorized 100
102.  Contracts apparently authorised 101
103. Apparent Scope of Authority 102
104. Same: General and Special Agents 103
105. Same: Public Agents 105
106. Same: Elements of Authority 106
107. Same: Illustrations 110
108. Contracts unauthorized 113
109. Contracts voidable 113
2. In Particular Agencies
111.  Factors 115
112.  Brokers 117
113. Auctioneers 118
114. Attorney at Law 119
115. Bank Cashiers 121
116. Shipmasters 122
Chapter X. Contract of Agent in Behalf of Undisclosed Principal
1. The Doctrine of Privity of Contract
118. General Statement of the Doctrine 124
119. Application to Agency generally 126
120.  Application to Contract for Undisclosed Principal 127
121.  Suits against Undisclosed Principal 128
122.  Suits by Undisclosed Principal 130
123. Parol Evidence Rule 131
2. Liability of an  Undisclosed Principal
124. General Rule 132
125-128. Exceptions 133
3. Rights of an Undisclosed Principal
129. General Rule 136
130-135.  Exceptions 137
Chapter XI. Admissions and Declarations of Agent
136. Object in proving Admissions 142
137. When always Inadmissible 142
138. When Admissible: General Rule 144
139. When Admissible: Res Gestae 144
140.  Limitation of Rule: Adverse Interest 148
Chapter XII. Notice to Agent
141.  General Statement of Rule 149
142.  Notice acquired during Transaction 150
143. Notice outside of Transaction, but within General Scope of Agency 150
144. Notice before Agency begins 151
145. General Qualifications 152
146. Application of Rule to Corporations 154
147. Notice to Sub-Agent 155
Chapter XIII. Liability of Principal for Torts of Agent
1. Liability for Torts Generally
148. Non-contractual Obligations by Agency 157
149. When Principal liable for Torts of Agent 158
150.  The Course of the Employment 160

2. Liability for Fraud of Agent
151.  Fraud generally 162
152.  Fraud in Relation to Agency 163
153. Fraud for Benefit of Principal 164
154. Fraud for Benefit of Agent 166
155. Issue of Fictitious Stock Certificates 167
156. Issue of Fictitious Bills of Lading 170
157. Other Illustrations 171

3.  Liability for Statutory Torts and Crimes
158. Statutory Torts 172
159. Crimes 173

4. Liability for Torts of Sub-Agent
160.  Torts of Sub-agents 174

5. Public Principals and Charities
161.  Exceptions to General Doctrine 175
Chapter XIV. Liability of Third Person to Principal
1. Contractual Obligations
163. Contracts by Agent 178
164. Contracts in Name of Principal 179
165. Contracts in Name of Agent 179
2. Quasi-Contract Obligations
166. Money Paid by Mistake 180
167. Money Paid under Duress or Fraud 181
3. Tort Obligations
168. Property diverted by Agent: General Rule 182
169. Exceptions: Negotiable Instruments 182
170.  Exceptions: Indicia of Ownership 183
171.  Exceptions: Factors Acts 184
172.  Form of Action for Property or its Value 185
173. Wrongs of Fraud and Malice 186
174. Fraud in making Contract 186
175. Collusive Fraud 187
176. Interference with Agency 187
4. Trust Obligations
177. Constructive Trusts 188
178. Following Trust Funds 189
179. Legal Remedies for Diversion of Trust Funds 190
PART IV. LEGAL EFFECT OF THE RELATION AS BETWEEN THE AGENT AND THIRD PARTIES
Chapter XV. Contract Relations Between Agent and Third Party
1. Where Principal alone is Bound
182.  Authorized Contract 192
2. Where Agent alone is Bound
183. Unauthorized Contract 193
184. Incompetent Principal 195
185. Fictitious Principal 195
186. Exclusive Credit to Agent 197
187. Foreign Principal 197
188. Contact under Seal 198
189-195. Negotiable Instruments 199
3. Where both Principal and Agent are Bound
196. Undisclosed Principal 209
197. Simple Contract signed by Agent 210
198. Effect of Custom 212
199. Interest in Subject-matter 212

4. Where neither Principal nor Agents is Bound
200.  Revocation of Authority by Death 212
201.  Disclosure of Facts affecting Authority 213
202.  Insufficiency of Form 213
5. Special Case of Public Agents
203. Public Agents 213
6. Liability of Agent in Quasi-Contract
204. Money paid Agent by Mistake or Fraud 214
205. Money received to Use of Third Party 216
7. Liability of Third Person to Agent
207. Where Agent alone may sue 217
208-9. Where both Principal and Agent may sue 218
210.  Liability in Quasi-Contract 219
Chapter XVI. Torts between Agent and Third Party
211.  Principles of Liability 220
212.  Meaning of Non-feasance 220
213. Liability of Agent for Mis-feasance 222
214. Whether Principal and Agent liable jointly 224
215. Liability of Third Person to Agent for Torts 225
APPENDIX
New York Factors Act 227
English Factors Act 229
Index 235

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