Express Agency - Law Dictionary Search Results
Home Dictionary Name: express agencyexpress agency
express agency see agency ...
agency
agency pl: -cies 1 : the person or thing through which power is exerted or an end is achieved [death by criminal "W. R. LaFave and A. W. Scott, Jr."] 2 a : a consensual fiduciary relationship in which one party acts on behalf of and under the control of another in dealing with third parties ;also : the power of one in such a relationship to act on behalf of another NOTE: A principal is bound by and liable for acts of his or her agent that are within the scope of the agency. ac·tu·al agency : the agency that exists when an agent is in fact employed by a principal see also express agency and implied agency in this entry agency by estoppel : an agency that is not created as an actual agency by a principal and an agent but that is imposed by law when a principal acts in such a way as to lead a third party to reasonably believe that another is the principal's agent and the third party is injured by relying on and acting in accordance with that belief NOTE: A principal has...
finder
finder 1 : one that finds [the of lost property has a right to it as against the world, except against the true owner "McDonald v. Railway Express Agency, 81 S.E.2d 525 (1954)"] 2 : one that for a fee discovers a financial opportunity, passes it on to another, and may act as a go-between for but does not participate in subsequent negotiations between the involved parties compare broker ...
Revocation of agency
Revocation of agency. An agency is dissolved or determined in several ways:-(I) by the act of the principal, either(a) Express, as(1) By direct and formal writing, publicly a advertised;(2) By informal writing to the agent privately;(3) By parol; or(b) Implied from circumstances as by appointing another person to do the same act, where the authority of both would be incompatible.The exceptions to the power of the principal to revoke his agent's authority at mere pleasure are--(1) When the principal has expressly stipulated that the authority shall be irrevocable, and the agent has also an interest in its execution.(2) Where an authority or power is coupled with an interest, or is given for a valuable consideration, or is a part of a security, unless there is an express stipulation that it shall be revocable.(3) When an agent's act in pursuance of his authority has become obligatory, for nemo potest mutare consilium suum in alterius injuriam.(II.) By the agent's giving notice to his pri...
Principal and agent
Principal and agent, he who being sui juris, and competent to do any act for his own benefit on his own account, employs another person to do it, is called the principal constituent, or employer, and he who is thus employed is called the agent, attorney, proxy, or delegate of the principal, constituent or employer. The relation thus created between the parties is termed an agency. The power thus delegated is called in law an authority. And the act, when performed, is often designated as an act of agency or procuration, Story on Agency, 3. See AGENT; POWER OF ATTORNEY; VICARIOUS RESPONSIBILITY; and consult Bowstead on Agency or Wright on Principal and Agent.Principal and agent, expressions 'principal' and 'agent' used in a document are not decisive. The nature of transaction is required to be determined on the basis of the substance there and not by the nomenenture use, Assam Small Scale Ind. Dev. Corporation Ltd. v. M/s J.D. Pharmacenficalse Ltd., AIR 2006 SC 131....
Universal agent
Universal agent, one who is appointed to do all the acts which the principal can personally do and which he may lawfully delegate the power to another to do. Such an universal agency may potentially exist, but it must be of the rarest occurrence. And indeed it is difficult to conceive of the existence of such an agency practically, inasmuch as it would be to make such an agent the complete master, not merely dux facti but dominus rerum the complete disposer of all the rights and property of the principal. The law will not from general expressions, however broad, infer the existence of any such universal agency; but it will rather construe them as restrained by the principal business of the party in respect to which it is presumed his intention to delegate the authority was principally directed, Story's Agency, 18....
Qui facit per alium facit per se
Qui facit per alium facit per se. Co. Litt. 258, (He who acts through another, acts through himself.) See AGENT.The resolution of the Standing Committee is referred to in the notice itself. To all intents and purposes then the notice which the Chief Officer signed is a notice issued by the Standing Committee in accordance with the maxim qui facit per alium facit per se. Emperor v. Heptulla Alibhai, AIR 1930 Bom 352.The maxim the law of agency is not a doctrine of criminal law, but of civil law, Maung New v. Maung Po Hla, AIR 1937 Rang 117.The rule as to agency is expressed in the maxim qui facit per alium, facit per se, Motilal Channoolal Vaish v. Golden Tobacco Co., AIR 1957 MP 223. (Contract Act, 1875, s. 182)...
comment
comment 1 often cap a : an essay analyzing, criticizing, or explaining a subject [a published in the Yale Law Review] b : an explanatory remark appended to a section of text (as of enacted code) 2 : an expression of an opinion or attitude about something: as a : a remark to a jury by a judge or prosecutor about evidence NOTE: A prosecutor may not remark to the jury that a defendant's failure to testify implies guilt, and a judge may not remark to the jury his or her opinion about what the evidence does or does not prove. b : a written expression of opinion or information solicited by an agency about a subject of its rulemaking see also informal rulemaking ...
Other authorities
Other authorities, the expression 'other authorities' is wide enough to include within it every authority created by a statute and functioning within the territory of India, or under the control of the Government of India, Rajasthan State Electricity Board v. Mohan Lal, AIR 1967 SC 1857 (1862): (1967) 3 SCR 377. (Constitution of India, Article 12)The expression 'other authorities' includes all statutory authorities and other agencies and instrumentalities of the State Government/Central Government, Indra Sawhney v. Union of India, 1992 Supp (3) SCC 217 (687). (Constitution of India, Article 12)The Council of Scientific and Industrial Research is not an authority within the meaning of article 12 of the Constitution, Sabhajit Tewary v. Union of India, AIR 1975 SC 1329 (1331). (Constitution of India Article 12)...
opportunity for comment
opportunity for comment :the chance to express one's views on or provide information about a proposed action and esp. informal rulemaking by a government agency called also opportunity to comment ...
- << Prev.
- Next >>