| 词汇 | AGENT, AGENCY3 |
| 释义 | `1`AGENT, AGENCY3 `2` "Legal Lexicon": An agent has rights which he can enforce, and is, liable to obligations which he must perform. These will be briefly considered: The rights to which agents are entitled, arise from obligations due to them by their principals, or by third persons. Their rights against their principals are: To receive a just compensation for their services, when faithfully performed, in execution of a lawful agency, unless such services are entirely gratuitous, or the agreement between the parties repels such a claim; this compensation, usually called a commission, is regulated either by particular agreement or by the usage of trade or the presumed intention of the parties; To be reimbursed all their just advances, expenses and disbursements made in the course of their agency, on account of, or for the benefit of their principal and also to be paid interest upon such advances, whenever from the nature of the business, or the usage of trade, or the particular agreement of the parties, it may be fairly presumed to have been stipulated for, or due to the agent. Besides the personal remedies which an agent has to enforce his claims against his principal for his commissions and, advancements, he has a lien upon the property of the principal in his hand. The rights of agents against third persons arise, either on contracts made between such third persons and them, or in consequence of torts committed by the latter. 1. The rights of agents against third persons on contracts, are, 1st, when the contract is in writing and made expressly with the agent, and imports to be a contract personally with him, although he may be known to act as an agent; as, for example, when a promissory note is given to the agent as such, for the benefit of his principal, and the promise is to pay the money to the agent. When the agent is the only known or ostensible principal, and therefore, is in contemplation of law, the real contracting party. As, if an agent sell goods of his principal in his own name, as if he were the owner, he is entitled to sue the buyer in his own name; although his principal may also sue. And on the other hand, if he so buy, he may enforce the contract by action. 3d. When, by the usage of trade, the agent is authorized to act as owner, or as a principal contracting party, although his character as agent is known, he may enforce his contract by action. For example, an auctioneer, who sells the goods of another may maintain an action for the price, because he has a possession coupled with an interest in the goods, and it is a general rule, that whenever an agent, though known as such, has a special property in the subject-matter of the contract, and not a bare-custody, or when he has acquired an interest, or has a lien upon it, he may sue upon the contract. But this right to bring an action by agents is subordinate to the rights of the principal, who may, unless in particular cases, where the agent has a lien, or some other vested right, bring a suit himself, and suspend or extinguish the right of the agent. Agents are entitled to actions against third persons for torts committed against them in the course of their agency. 1st. They may maintain actions, of trespass or trover against third persons for any torts or injuries affecting their possession of the goods which they hold as agents. When an agent has been induced by the fraud of a third person to sell or buy goods for his principal, and he has sustained loss, he may maintain an action against such third person for such wrongful act, deceit, or fraud. Agents are liable for their acts, 1, to their principals; and 2, to third person. Go to AGENT, AGENCY4 |
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