Chapter XI. Contracts Of Agents And Fiduciaries
Description
This section is from the book "The Law Of Contracts", by Samuel Williston. Also available from Amazon: Treatise on the Law of Contracts.
Chapter XI. Contracts Of Agents And Fiduciaries
Scope of chapter........................ | 273 |
Appointment of agents may generally be informal....................... | 274 |
Authority to enter into a sealed contract must be under seal............. | 275 |
In some states authority for certain acts is required to be in writing....... | 276 |
Apparent authority and estoppel...................................... | 277 |
Ratification........................................................ | 278 |
Termination of agent's authority | 279 |
When an agent's authority is irrevocable.................... | 280 |
Contracts made by an agent in his principal's name are contracts of the principal ......................................................... | 281 |
Agents' liability when the principal though disclosed is not bound......., | 282 |
Different situations where the principal is undisclosed................... | 283 |
Rights and liabilities of the agent where the agency is undisclosed........ | 284 |
Rights and liabilities of an agent who discloses his agency but does not name his principal................... | 286 |
Rights and liabilities of the principal where the agency is undisclosed...... | 286 |
Rights and liabilities of the principal where the agency is disclosed but the principal not named ........................................................... | 287 |
What is sufficient disclosure of the principal............................ | 288 |
Election of remedies where the principal is undisclosed................... | 289 |
Undisclosed principal rather than his agent is entitled to enforce the contract | 290 |
Defences to actions by an undisclosed principal......................... | 291 |
Defences to actions against an undisclosed principal..................... | 292 |
Defences to actions by the agent of an undisclosed principal.............. | 293 |
Defences to actions against the agent of an undisclosed principal.......... | 294 |
Informal written contracts........................................... | 295 |
Sealed contracts................................ | 296 |
When simple contracts binding the principal may be implied............. | 297 |
Only parties to negotiable instruments are liable thereon................. | 298 |
What signatures to negotiable instruments bind the principal............. | 299 |
Adoption by a principal or a corporation of the signature of an agent or officer | 300 |
The body of the instrument may explain the meaning of the signature..... | 301 |
Reformation of instrument and admission of parol evidence.............. | 302 |
A principal not liable on a negotiable instrument may be liable on its dishonor | 303 |
Only parties to negotiable instruments have the right to enforce than..... | 304 |
Public agents....................... | 305 |
Promoters................. | 306 |
Unincorporated associations.................... | 307 |
Unincorporated associations which are not partnerships.................. | 308 |
Procedure in enforcing rights and liabilities of unincorporated associations.. | MM |
Executors and administrators are liable personally on their contracts...... | 310 |
Executors and administrators may by special stipulation exempt themselves from personal liablity........................ | 311 |
Trustees are liable personally on their contracts................ | 312 |
Enforcement of claims against the trust estate.................... | 313 |
Guardians..................... | 314 |
Receivers................................ | 315 |
Sec. 273. Scope Of Chapter
It is not within the limits of this work to consider broadly the law of agents or fiduciaries, but it is within its scope to determine who are regarded in law as the parties bound by a contract which has been entered into by an agent or other fiduciary.
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