Contract of Agency
Contract of Agency
Contract of Agency
By the contract of agency, a person binds himself to render some service or to do something in
representation on behalf of another, with the consent or authority of the latter.
Consent of both the principal and agent is necessary to create an agency.
The principal must intend that the agent shall act for him; the agent must intend to accept the
authority and act on it, and the intention of the parties must find expression either in words or
conduct between them. (There must be intention to appoint, and intention to accept)
Acceptance by the agent may be expresses, or implied from his acts which carry out the agency,
or from his silence or inaction according to the circumstances.
When a sale of a piece of land or any portion thereof is through an agent, the authority of the
latter shall be in writing, otherwise, the sale is void.
It is the agency that cannot be revoked or withdrawn by the principal due to an interest of a third
party that depends upon it, or the mutual interest of both principal and agent.
DISTINGUISH