Some of the Agency`s principles and concepts are discussed below. Agency agreements can be entered into if you ask a seller, accountant, lawyer or other third party to make transactions on your behalf. The message is therefore that at the beginning of the relationship between the client and the agent, a P-A must be concluded in order for transactions to be written under him in the future. In other words, the unmentioned client still has the right to intervene and assume his or her own rights and obligations arising from the contract with the client. The fact that the underlying contract was entered into without indicating the existence or authority of the client is negligible. If you. B Asking an agent to sign a contract on behalf of your company and you have not read the contract first, you remain responsible for all contractual terms. The client approves the officer`s actions and therefore bears the last responsibility. The agency agreement between a client and the agent must always be written in writing, with clear commercial terms, with explicit language limiting the responsibility of the client, when the representative does something that has not been authorized. This protects you personally and professionally.
An agency contract is a legal contract that creates a trust relationship, with the first party (“the donor”) agreeing that the actions of a second party (“the agent”) bind the client to subsequent agreements of the agent, as if the client had himself entered into the subsequent agreements. The agent`s power to retain the client is generally referred to as an authority in law. The agency created through an agreement may be a form of tacit authority, z.B. If a person gives his credit card to a close relative, the cardholder may be required to pay for purchases made by the parent with his credit card. Effective authority is where the Agency is authorized, expressly or implicitly, by the principal of the agent. It is ensured by an amicable agreement involving the client and the agent. Where an agent is effectively authorized, the scope of the agent`s jurisdiction is determined on the basis of the usual principles of contract construction and interpretation.