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Modes of termination of agencyBy revocation of authority by the principal.By renunciation of his authority by the agent.On the performance of the contract of the agency.On the death of either principal or agent.By insanity of either principal or agent.More items...?
If no fixed term or mechanism for termination was agreed, then the agreement can usually be terminated by giving reasonable notice. Ideally a reasonable notice period should be agreed before notice is given. If this is not possible, legal advice should be sought as to a reasonable notice period.
Revocation by the principal: Agency can be terminated by the principal by revoking the agent's authority. The principle can revoke his agent's authority when it has not been exercised by the agent reasonable, notice must be given for such revocation.
1 Termination of an agency caused by the acts of the party:Performance. The most common termination of agency in this category is by performance.Mutual Agreement.Discharged by Principal.Resignation.Abandonment.Expiration of Term.Death or Incapacity of the Parties.Change in the Law.More items...
Below are common rules for terminating the agency relationship: Withdrawal by a Party, Termination by the Principal, Renunciation by Agent, Death or Incapacity of Agent, Death or Incapacity or Bankruptcy of the Principal.
Even without contractual terms so providing, a principal may normally unilaterally cancel an agency without incurring liability for breach of contract based upon: misconduct or habitual intoxication of the agent which interferes with his/her employment, the refusal of the agent to obey reasonable instructions or to
Usually, the death or bankruptcy of the principal operates as an immediate and absolute revocation of the agent's authority, unless the agency is one coupled with an interest. The rule is the same even if the agency is created with more than one principal.
Apparent authority of an agent can also be terminated by the principal. This can be done by expressly communicating to a third party that an agent can no longer act on behalf of the company.
Once termination of the agency relationship occurs, the agent can no longer act on behalf of the principal. This means that any actions made by the agent holding themselves out as acting on behalf of the principal after termination has occurred will be considered unlawful on the part of the agent.
The principal and agent both have the power to terminate an agency at any time. After termination, the agent can no longer act on behalf of the principal. The terminating party may not, however, have had the right to terminate the agency and may be held liable for damages caused by wrongful termination of the agency.