Agency
Agency
Sylvia Randolph (2021)
In an article by Eric Rasmusen p. 4. ¶ , 3 “in order to prove agency by estoppple, the following elements must be established: (1) intentional or negligent acts of commission or omission by the alleged principal with made the appearance of authority with the agent; (2) reasonable and good faith reliance on the appearance of authority in the punitive agent by the third party; and (3) a detrimental change in position by the third party due to the reliance on the agent’s apparent authority (Minskoff Equities v. American Express, 1995 )” (2004)
The example case given represented the best remedy in dealing with the undisclosed liability. The full responsibility of the principal including authority and economic duty in principle, agent relationship is crucial to third party business. In this case the principal failed in their role to ensure all lines were connected or not, with authority. If the principal had made such effort to monitor the business efforts then error would not have happened where the id., p. 406 “applying the least cost avoider principle reduces complexity” (2004) third party would not have changed their position, suing both the principal and the agent for payment.
Eric Rasmusen, Agency Law and Contract Formation 6 Am. L. & Econ. Rev. 369 (2004) Agency Law and Contract FormationOxford University Press: http://aler.oxfordjournals.org.ezproxy.liberty.edu/, issn1465-7260