Agent And Principal In Contract Law

State:
Multi-State
Control #:
US-OG-313
Format:
Word; 
Rich Text
Instant download

Description

This form is used when an Agent declares and acknowledges that the consideration for an Assignment should accrue to the benefit of Principal, and that Principal is the owner of the reserved interest in the Assignment. To give effect to declaration, Agent, as Assignor, grants, sells, and assigns to Principal, as Assignee, all of Agent's interest in the Lease and the interest reserved by Agent in the Assignment.

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FAQ

As a fiduciary of the principal, the agent stands in a position of special trust. His responsibility is to subordinate his self-interest to that of his principal. The fiduciary responsibility is imposed by law. The absence of any clause in the contract detailing the agent's fiduciary duty does not relieve him of it.

A principal appoints an agent to act on their behalf and in their best interest. Examples include an investor picking a fund manager or someone hiring an attorney for legal work. There should be no conflict of interest between the two, if there is, this creates a principal-agent problem.

A principal is any person, or corporate entity, who engages another to do any work for gain or reward, other than as an employee.

The principal is the party who authorizes the other to act in their place, and the agent is the person who has the authority to act on behalf of the principal. It's important to vet potential agents.

Examples of principal-agent problems In economics, moral hazard occurs when one person takes more risks because someone else bears the cost of those risks. You take out health insurance, and because someone else is responsible if you're injured, you decide to pick up BASE jumping.

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12 This point, that an agency. What the third party knows about the agency agreement is irrelevant to the agent's legal authority to act.That authority runs from principal to agent. The first is the principal, which is the party who gives legal authority to another to act on his or her behalf in a business transaction. The law of agency thus governs the legal relationship in which the agent deals with a third party on behalf of the principal. When the agent is the only known or ostensible principal, and therefore, is in contemplation of law, the real contracting party.

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Agent And Principal In Contract Law