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AGENCY

AGENCY
1 NATURE, CONCEPT & PURPOSE
1.1 Nature
1.1.1 Contract of Agency
1.1.1.1 Art. 1868
By the contract of agency a person binds himself to render some service or to do
something in representation or on behalf of another, with the consent or authority of
the latter.
1.1.1.2 Art. 1318
1.1.2 Representative Relation
Agency is basically personal, representative and derivative in nature. (Rallos v. Felix Go
Chan)
1.1.2.1 GENERAL RULE
The agent is not privy to the contract he entered into, in behalf of his principal, with
third persons.
1.1.2.1.1 Uy v. CA
An agent is not a party to the contract he entered into in behalf of his principal with
third persons.
1.1.2.1.2 Angeles v. PNR
Where agency exists, the third party's liability on a contract is to the principal and
not to the agent and the relationship of the third party to the principal is the same
as that in a contract in which there is no agent. Normally, the agent has neither
rights nor liabilities as against third party. He cannot thus sue or be sued on the
contract. Since a contract may be violated only by the parties thereto as against
each other, the real party-in-interest, either as plaintiff or defendant in an action
upon that contract must, generally, be a contracting party.
1.1.2.2 EXCEPTION
1.1.2.2.1 Agent is an assignee.
If the agent is constituted as an assignee, he may, in his own behalf, sue on a
contract made for his principal, as an assignee of such contract. (Angeles v. PNR)
1.1.3 Elements
1) There is consent, express or implied, of the parties to establish the relationship; 2) the
object is the execution of a juridical act in relation to third persons; 3) the agent acts as a
representative and not for himself; and 4) the agent acts within the scope of his
authority. (Rallos v. Felix Go Chan)
1.1.3.1 Consent
1.1.3.1.1 Orient Air Service & Hotel Representatives v. CA
Agency can only be effected "with the consent or authority" of the principal which
cannot, in any way be compelled by law or by any court.
1.1.3.1.2 Capacity
1.1.3.1.2.1 Principal
1.1.3.1.2.2 Agent

1.1.3.1.2.2.1 Delos Reyes v. CA


For want of capacity to give consent on the part of the agent, because he was
not given written authority to sell the parcel of land, the oral contract of sale
lacked one of the essential requisites for its validity, and is therefore null and
void ab initio. Concurring Opinion, J. Vitug: The sale was not void because the
agent lacked the capacity to give consent, rather it was void by express
provision of law.
1.1.3.2 Object
1.1.3.2.1 GENERAL RULE
What a man may do in person, he may do thru another.
1.1.3.2.2 EXCEPTIONS
1.1.3.2.2.1 Personal Acts
1.1.3.2.2.2 Illegal Acts
1.1.3.3 Cause
1.1.3.3.1 Onerous
1.1.3.3.1.1 PRESUMPTION
Agency is presumed to be for a compensation, unless there is proof to the
contrary. (Art. 1875)
1.1.3.3.2 Gratuitous
1.1.3.4 Representative Capacity
1.1.3.4.1 Art. 1883
1.1.3.4.1.1 GENERAL RULE
If an agent being authorized to act on behalf of his principal, acts instead in his
own name, the principal has no right of action against the person with whom the
agent has contracted; neither have such persons against the principal. In such
case the agent is the one directly bound in favor of the person with whom he has
contracted. In this case, the principal is not privy to the contract.
1.1.3.4.1.2 EXCEPTION
If the contract involves things belonging to the principal, he may have a right of
action against the persons with whom the agent, who contracted in his own
name, has contracted. In this case, the principal is privy to the contract.
1.1.3.5 Acts Within the Scope of Authority
1.1.3.5.1 Rallos v. Felix Go Chan
The authority of the agent to act emanates from the powers granted to him by his
principal; his act is the act of the principal if done within the scope of the authority.
1.1.3.5.2 When Principal Not Bound by Act of Agent
1.1.3.5.2.1 person/agent acted without/beyond the scope of authority
If the person/agent acts without authority or in excess or beyond the scope of his
authority, there is no representation. Such act is unauthorized and, therefore,
unenforceable as against the principal, whether or not the third party was aware
of the limits of the agent's power, unless the principal: 1) ratifies the transaction
before it is revoked by the third person; or 2) is estopped to deny agents
authority. (De Leon)
1.1.3.5.2.1.1 GENERAL RULE

The principal is not bound by the acts of an agent beyond his limited powers.
1.1.3.5.2.1.2 EXCEPTIONS
1.1.3.5.2.1.2.1 The acts were conducive to the accomplishment or
purpose of the agency. (Art. 1881)
1.1.3.5.2.1.2.2 The acts were more advantageous to the principal than
that specified him. (Art. 1882)
1.1.3.5.2.1.2.3 The principal contributed to deceive a third person in good
faith. (Doctrine of Estoppel)
1.1.3.5.2.1.2.3.1 Prudential Bank v. CA
The agent's apparent representation yield to the principal's true
representation and the contract is considered as entered into between
the principal and the third person. In this case, the bank was made liable
to the innocent third person because, even though the agent was
secretly abusing his authority and attempting to perpetrate a fraud upon
his principal or some other person for his ultimate benefit, the
representation was made in the course of its business by an agent
acting within his general scope of authority. Also, the Supreme Court
found that despite the obvious irregularity committed by the banks
personnel, the bank sought to gloss over the anomaly in its own
operations, instead of repairing the injury.
1.1.3.5.2.1.2.4 The agent has instruments signed by the principal in
blank. (Art. 1887)
1.1.3.5.2.1.2.5 The principal ratifies the acts of the agent. (Art. 1901)
1.1.3.5.2.2 agent acted within the scope of his authority but in his own name
1.1.3.5.2.3 person acted without authority and in his own name
1.1.3.5.3 Corporate Acts
1.1.3.5.3.1 AF Realty v. Dieselman Freight
Contracts or acts of a corporation must be made either by the board of directors
or by corporate agent duly authorized by the board. Absent such valid delegation
the rule is that the declarations of an individual director relating to the affairs of
the corporation, but not in the course of, or connected with, the performance of
authorized duties of such director, are held not binding on the corporation.
1.1.3.5.3.2 Vicente v. Geraldez
In order to ratify the unauthorized act of an agent and make it binding on the
corporation, it must be shown that the governing body or officer authorized to
ratify had full and complete knowledge of all the material facts connected with
the transaction to which it relates.
1.1.3.6 Form
1.1.3.6.1 GENERAL RULE
Agency may be oral, unless the law requires a specific form. (Art. 1869(2))
1.1.3.6.2 MUST BE IN WRITING
1.1.3.6.2.1 Sale of Piece of Land
When a sale of a piece of land or any interest therein is through an agent, the
authority of the latter shall be in writing; otherwise the sale shall be void. (Art.
1874)

1.1.3.6.2.1.1 Litonjua, Jr. v. Eternit Corporation


Any sale of real property of a corporation by a person purporting to be an
agent thereof but without written authority from the corporation is null and
void.
1.1.3.6.2.1.2 City-Lite v. CA
In this case, the sale was considered void because there was no written
authority given to the agent to sell the parcels of land. The written memos of
the company merely asked for the assistance to look for prospective buyers
and did not confer any authority to sell.
1.1.3.6.2.1.3 Cosmic Lumber v. CA
The special power of authority given to the agent was explicit and
exclusionary and did not include the authority to sell real estate. For the
principal to confer the right upon an agent to sell real estate, a power of
attorney must so express the powers of the agent in clear and unmistakable
language.
1.1.3.6.2.1.4 Katigbak v. Tai Hing Co.
A power of attorney not recorded in the registry of deeds is ineffective in order
that an agent may validly perform acts in the name of his principal; but it still
binds the principal to acknowledge the acts performed by his agent regarding
said property.
1.1.3.6.2.2 Art. 1878
Special powers of attorney are necessary in the following cases: (1) To make
such payments as are not usually considered as acts of administration; (2) To
effect novations which put an end to obligations already in existence at the time
the agency was constituted; (3) To compromise, to submit questions to
arbitration, to renounce the right to appeal from a judgment, to waive objections
to the venue of an action or to abandon a prescription already acquired; (4) To
waive any obligation gratuitously; (5) To enter into any contract by which the
ownership of an immovable is transmitted or acquired either gratuitously or for a
valuable consideration; (6) To make gifts, except customary ones for charity or
those made to employees in the business managed by the agent; (7) To loan or
borrow money, unless the latter act be urgent and indispensable for the
preservation of the things which are under administration; (8) To lease any real
property to another person for more than one year; (9) To bind the principal to
render some service without compensation; (10) To bind the principal in a
contract of partnership; (11) To obligate the principal as a guarantor or surety;
(12) To create or convey real rights over immovable property; (13) To accept or
repudiate an inheritance; (14) To ratify or recognize obligations contracted
before the agency; (15) Any other act of strict dominion.
1.1.3.6.2.2.1 Art. 1317
No one may contract in the name of another without being authorized by the
latter, or unless he has by law a right to represent him. A contract entered
into in the name of another by one who has no authority or legal
representation, or who has acted beyond his powers, shall be unenforceable,
unless it is ratified, expressly or impliedly, by the person on whose behalf it
has been executed, before it is revoked by the other contracting party. (Art.
1317) Absent a special power of attorney, whenever required, the act would
be unenforceable. (Vitug)
1.2 Characteristics
1.2.1 Consensual

1.2.2 Principal
1.2.3 Nominate
1.2.4 Unilateral/Bilateral
1.2.5 Preparatory
1.3 Basis
Representation constitutes the basis of agency. (De Leon)
1.3.1 Qui facit per alium facit per se.
"He who acts through another acts himself." (Rallos v. Felix Go Chan)
1.4 Purpose
1.4.1 Orient Air Service & Hotel Representatives v. CA
The purpose of agency is to extend the personality of the principal through the facility of
the agent.
1.5 Agency distinguished/compared with other relations.
The agent's power to bring about the business relations between the principal and third
persons is the most derivative mark of the agent, as contrasted with others who act in
representative capacities but are not agents. (De Leon)
1.5.1 Partnership
A contract of partnership is a contract of agency, and it differs from a pure agency in that
while an agent acts only for his principal, a partner acts not only for his co-partners and
the partnership but also as principal of himself. (De Leon)
1.5.2 Lease of Work/Service
While both agency and lease of services involve the rendition of services, agency is
distinguished from lease of work/service in that the basis of agency is representation,
whereas in lease of work the basis is employment. (Vitug)
1.5.3 Independent Contractor
1.5.3.1 Fressel v. Mariano Uy Chaco Sons & Co.
Where one party to a contract was authorized to do work according to his own method
and without being subject to the other party's control, except as to the result of the
work, he is an independent contractor and not an agent.
1.5.4 Negotorium Gestio
1.5.5 Loan
1.5.6 Sale
1.5.7 Trusteeship
In a trust, the title and control of the property under the trust instrument passes to the
trustee who acts in his own name, while the agent represents and acts for his principal.
1.5.8 Broker
While a broker, being an intermediary between a seller and buyer, is not an agent, he
may bear, however, the responsibilities of an agent to his employer. (Vitug)
1.5.8.1 Hahn v. CA
An agent receives a commission upon the successful conclusion of a sale. On the
other hand, a broker earns his pay merely by bringing the buyer and seller together,

even if no sale is eventually made.


2 KINDS, CREATION & EXISTENCE
2.1 Actual Agency
2.1.1 manner of creation
2.1.1.1 Manifestation of Mandate
2.1.1.1.1 EXPRESS
2.1.1.1.2 IMPLIED
2.1.1.1.2.1 acts of the principal
2.1.1.1.2.2 silence or lack of action
2.1.1.1.2.3 failure to repudiate the agency
2.1.1.2 Manifestation of Acceptance
2.1.1.2.1 EXPRESS
2.1.1.2.2 IMPLIED
2.1.1.2.2.1 acts which carry out the agency
2.1.1.2.2.1.1 Hahn v. CA
The mere fact that a person invested his own money in the principal's
business does not necessarily prove that he is not an agent of the principal.
2.1.1.2.2.2 Between Persons Present
2.1.1.2.2.2.1 failure to object to power of attorney after its receipt
2.1.1.2.2.3 Between Persons Absent
2.1.1.2.2.3.1 GENERAL RULE
The acceptance of the agency cannot be implied from the silence of the
agent.
2.1.1.2.2.3.2 EXCEPTIONS
2.1.1.2.2.3.2.1 receipt of power of attorney without objection
2.1.1.2.2.3.2.2 in the business of the agent
2.1.2 scope of authority
An agency is either general or special. (Art. 1876)
2.1.2.1 UNIVERSAL
A universal agency employs the agent to do all acts that the principal may personally
do, and which he can lawfully delegate to another the power of doing.
2.1.2.2 GENERAL
A general agency comprises all the business of the principal.
2.1.2.2.1 Art. 1877
An agency couched in general terms comprises only acts of administration, even if
the principal should state that he withholds no power or that the agent may
execute such acts as he may consider appropriate, or even though the agency
should authorize a general and unlimited management.
2.1.2.2.2 Siasat v. IAC
Where general words were employed in an agreement that no restrictions were

intended as to the manner the agency was to be carried out or in the place where it
was to be executed, a general agency is constituted.
2.1.2.2.3 Katigbak v. Tai Hing Co.
The power of attorney given by the principal authorized the agent to sell any kind
of of realty that "might belong" to the principal. The phrase "might belong" means
that the authority given by the principal referred not only to the property he had at
the time the power was conferred, but also to such as he might afterwards have
during the time the power of attorney was in force.
2.1.2.3 SPECIAL
A special agency comprises only of one or more specific transactions.
2.1.2.3.1 Art. 1878
Special powers of attorney are necessary in the following cases: (1) To make such
payments as are not usually considered as acts of administration; (2) To effect
novations which put an end to obligations already in existence at the time the
agency was constituted; (3) To compromise, to submit questions to arbitration, to
renounce the right to appeal from a judgment, to waive objections to the venue of
an action or to abandon a prescription already acquired; (4) To waive any obligation
gratuitously; (5) To enter into any contract by which the ownership of an immovable
is transmitted or acquired either gratuitously or for a valuable consideration; (6) To
make gifts, except customary ones for charity or those made to employees in the
business managed by the agent; (7) To loan or borrow money, unless the latter act
be urgent and indispensable for the preservation of the things which are under
administration; (8) To lease any real property to another person for more than one
year; (9) To bind the principal to render some service without compensation; (10) To
bind the principal in a contract of partnership; (11) To obligate the principal as a
guarantor or surety; (12) To create or convey real rights over immovable property;
(13) To accept or repudiate an inheritance; (14) To ratify or recognize obligations
contracted before the agency; (15) Any other act of strict dominion.
2.1.2.3.1.1 Art. 1879
A special power to sell excludes the power to mortgage; and a special power to
mortgage does not include the power to sell.
2.1.2.3.1.1.1 Bicol Savings v. CA
A special power to mortgage includes the power to allow the extra-judicial
foreclosure of the mortgaged property.
2.1.2.3.1.1.2 PNB v. Sta. Maria
A special power of attorney to mortgage real estate does not include power to
contract loans for the principal.
2.1.2.3.1.2 Art. 1880
A special power to compromise does not authorize submission to arbitration.
2.1.2.3.1.3 Hodges v. Salas
A special power of attorney to borrow money does not necessarily imply that the
agent is allowed to convert the money obtained by him to his personal use,
unless otherwise stipulated.
2.1.2.3.1.4 Chua v. IAC
Where the lease contract entered into by an agent is for more than one year, the
agent must be armed with a special power of attorney.
2.1.2.3.1.5 Vicente v. Geraldez

An SPA is necessary to compromise and to renounce the right to appeal from a


judgment.
2.2 Apparent Agency
2.2.1 by special information
2.2.2 by public advertisement
2.3 Agency by Estoppel
2.3.1 Litonjua, Jr. v. Eternit Corporation
An agency by estoppel, which is similar to the doctrine of apparent authority, requires
proof of reliance upon the representations, and that, in turn needs proof that the
representations predated the action taken in reliance.
2.3.1.1 principal manifested a representation of the agent's authority or allowed the
agent to assume such authority
2.3.1.2 third person, in good faith, relied upon such representation
2.3.1.3 relying upon such representation, such third person has changed his position
to his detriment
2.4 Yu Eng Cho v. Pan American
It is a settled rule that persons dealing with an assumed agent are bound at their peril, if
they would hold the principal liable, to ascertain not only the fact of agency but also to the
nature and extent of authority, and in case either is controverted, the burden of proof is
upon them to establish it.
3 MODES OF EXTINGUISHMENT
3.1 GENERAL RULE
3.1.1 by operation of law
3.1.1.1 Death
3.1.1.1.1 GENERAL RULE
Death of either the principal or the agent extinguishes the agency.
3.1.1.1.2 Principal
3.1.1.1.2.1 EXCEPTIONS
3.1.1.1.2.1.1 constituted for a common interest
The agency shall remain in full force and effect even after the death of the
principal, if it has been constituted in the common interest of the latter and of
the agent. (Art. 1930)
3.1.1.1.2.1.2 constituted in the interest of a third person
The agency shall remain in full force and effect even after the death of the
principal, if it has been constituted in the interest of a third person who has
accepted the stipulation in his favor. (Art. 1930)
3.1.1.1.3 Agent
3.1.1.1.3.1 Duty to Notify Principal of Agent's Death
3.1.1.1.3.2 Duty of Agent's Heirs to Protect Principal's Interest
3.1.1.2 Civil Interdiction
3.1.1.3 Insanity

3.1.1.4 Insolvency
3.1.1.5 Dissolution of the Firm or Corporation
3.1.2 by stipulation of the parties
3.1.2.1 Accomplishment of the Object
3.1.2.2 Expiration of the Period
3.1.3 by subsequent acts
3.1.3.1 by mutual consent
3.1.3.2 by the unilateral act of one of them
3.1.3.2.1 Revocation of the Principal
This is an exception to the rule that the validity or compliance of a contract cannot
be left to the will of one of the parties. (De Leon)
3.1.3.2.1.1 GENERAL RULE
The principal may revoke the agency at will - at any time, at his mere option,
with or without reason. (Art. 1920)
3.1.3.2.1.1.1 Barreto v. Sta. Maria
The contract of agency can subsist only so long as the principal has
confidence in his agent because from the moment such confidence disappears
and although there be a fixed period for the exercise of of the office of the
agent, a principal has a perfect right to revoke the power that he had
conferred upon the agent owing to the confidence he had in him and which for
sound reasons had ceased to exist.
3.1.3.2.1.2 EXCEPTIONS
3.1.3.2.1.2.1 bilateral contract depends on it
3.1.3.2.1.2.2 means of fulfilling an obligation already contracted
3.1.3.2.1.2.3 managing partner is removed unjustifiably
3.1.3.2.1.2.4 Diolosa v. CA
Where the agency contract stipulated that the agent is authorized to dispose
the subdivided property until the same is fully disposed of, the authority to
sell continues until all the lots are sold. The contract cannot be terminated by
the landowner before then.
3.1.3.2.1.3 How Revoked
3.1.3.2.1.3.1 Express
3.1.3.2.1.3.2 Implied
3.1.3.2.1.3.2.1 by appointment of new agent
The appointment of a new agent for the same business or transaction
revokes the previous agency from the day on which notice thereof was
given to the former agent. (Art. 1923) There is no implied revocation where
the appointment of another agent is not incompatible with the continuation
of a like authority in the first agent, or the first agent is not given notice of
the appointment of the new agent. (Garcia v. De Manzano)
3.1.3.2.1.3.2.2 by direct management of business by principal himself
The agency is revoked if the principal directly manages the business
entrusted to the agent, dealing directly with third persons. (Art. 1924)
Unless the only desire of the principal is for him and the agent to manage

the business together, the effect of the direct management of the business
by the principal himself is to revoke the agency for there would no longer
be any basis for the representation previously conferred. (11 Manresa 574)
3.1.3.2.1.3.2.3 partial revocation of general power by a special power
A general power of attorney is revoked by a special one granted to another
agent, as regards the special matter involved in the latter. (Art. 1926)
3.1.3.2.1.3.2.3.1 Dy Buncio & Co. v. Ong Guan Gan
The making and accepting of the new power of attorney, whether it
enlarges or decreases the power of the agent under the a prior power of
attorney, must be held to supplant and revoke the latter when the two
are inconsistent. If the special power of attorney does not revoke the
general power of attorney, the execution of the former would be a mere
futile gesture.
3.1.3.2.1.4 Notice of Revocation
Notice of revocation effectuates the revocation. (De Leon) If the party to be
notified actually knows, or has reason to know, facts indicating that his or the
agent's authority has been terminated or is suspended, there is sufficient notice.
3.1.3.2.1.4.1 as to agent
3.1.3.2.1.4.2 as to third persons
3.1.3.2.1.4.2.1 specified persons
If the agency has been entrusted for the purpose of contracting with
specified persons, its revocation shall not prejudice the latter if they were
not given notice thereof. (Art. 1921)
3.1.3.2.1.4.2.2 pubic in general
If the agent had general powers, revocation of the agency does not
prejudice third persons who acted in good faith and without knowledge of
the revocation. Notice of the revocation in a newspaper of general
circulation is a sufficient warning to third persons. (Art. 1922)
3.1.3.2.1.5 Revocation by One of Two or More Principals
When two or more principals have granted a power of attorney for a common
transaction, any one of them may revoke the same without the consent of the
others. (Art. 1925)
3.1.3.2.2 Withdrawal of the Agent
The agent may withdraw from the agency by giving due notice to the principal.
(Art. 1928)
3.1.3.2.2.1 with just cause
3.1.3.2.2.1.1 impossibility of of continuing with the agency without grave
detriement to the agent
3.1.3.2.2.1.2 fortuitous event
3.1.3.2.2.2 without just cause
3.1.3.2.2.2.1 Liability for Breach of Contract
3.1.3.2.2.2.2 Liability to Indemnify Damages
3.1.3.2.2.3 Obligation of Agent to Continue to Act After Withdrawal
The agent, even if he should withdraw from the agency for a valid reason, must
continue to act until the principal has had reasonable opportunity to take the

necessary steps to meet the situation. (Art. 1929)


3.2 EXCEPTIONS
3.2.1 Agency Coupled with an Interest
The principal may not revoke the agency at his will when it is coupled with an interest. In
order that an agency may be irrevocable because coupled with an interest, it is essential
that the interest of the agent shall be the subject matter of the power conferred and not
merely an interest in the exercise of power. (De Leon) In other words, the interest herein
described is the interest that caused the principal to convey authority to the agent.
3.2.1.1 Death
3.2.1.1.1 Power to Foreclose Survives Death of Mortgagor
The power of sale in a deed of mortgage is not revoked by the death of the
principal as it is not an ordinary agency that contemplates exclusively the
representation of the principal by the agent but is primarily an authority conferred
upon the mortgagee for the latter's own protection. In fact, the right of the
mortgagee to extrajudicially foreclose the mortgage after the death of the
mortgagor does not depend on the authorization in the deed of mortgage executed
by the latter. The right exists independently of said stipulation is clearly recognized
in Section 7, Rule 86 of the Rules of Court. (De Leon)
3.2.1.1.2 Pasno v. Ravina (1930)
The power of sale given in a mortgage is a power coupled with an interest which
survives the death of the grantor. The mortgagee with a power of sale should be
made to foreclose the mortgage first before he sells the property. The power to sell
is is suspended temporarily so as not to interfere with the orderly administration of
the estate of the deceased.
3.2.1.1.3 Del Rosario v. Abad (1958)
A mere statement in the power of attorney that the agency is coupled with an
interest is not enough; for what the interest consist must be stated in the power of
attorney. The mortgage had nothing to do with the power of attorney and may be
foreclosed by the mortgagee upon failure of the mortgagor to comply with his
obligation. However, in this case, the mortgagee, instead of foreclosing the
mortgage first, simply sold the land by virtue of his power to sell. As the agency
was not coupled with an interest, it was terminated upon the death of the principal.
3.2.1.2 Revocation of the Principal
3.2.1.2.1 EXCEPTION TO THE EXCEPTION
3.2.1.2.1.1 revocation is with just cause
3.2.1.2.1.1.1 Coleongco v. Claparols
A power of attorney although coupled with an interest in a partnership can be
revoked for a just cause, such as when the attorney-in-fact betrays the
interest of the principal.
3.2.1.2.1.2 revocable after the interest ceases
3.2.2 agent had no knowledge of death or other causes of termination
Anything done by the agent, without knowledge of the death of the principal or of any
other cause which extinguishes the agency, is valid and shall be fully effective with
respect to third persons who may have contracted with him in good faith. (Art. 1931)
3.2.2.1 Herrera v. Luy Kim Guan
The death of the principal does not render the act of the agent unenforceable, where

the latter had no knowledge of such extinguishment of the agency.


4 OBLIGATIONS OF THE PARTIES
4.1 Obligations of the Agent
4.1.1 To the Principal
4.1.1.1 carry out the agency
4.1.1.2 indemnify damages
4.1.1.2.1 due to performance of agency
4.1.1.2.2 due to conflict of interest
4.1.1.2.3 due to failure to collect credits
4.1.1.3 finish the business
4.1.1.4 exercise due diligence
4.1.1.5 advance necessary funds
4.1.1.6 act in accordance with instructions
4.1.1.7 not to loan to himself
4.1.1.8 render an account
4.1.1.9 deliver fruits of the agency
4.1.1.10 distinguish goods
4.1.1.11 take responsibility for acts of sub-agent
4.1.1.12 pay interest
4.1.1.13 inform principal of sale on credit
4.1.1.14 bear the risk of collection
4.1.1.15 be responsible for fraud or negligence
4.1.2 To 3rd Persons
4.1.2.1 present power of attorney
4.1.2.2 tort against third person
4.2 Obligations of the Principal
4.2.1 To the Agent
4.2.1.1 comply with all the contractual obligations
4.2.1.2 indemnify damages
4.2.1.2.1 due to execution of agency
4.2.1.3 advance necessary funds
4.2.1.4 reimburse all the advances made
4.2.1.5 pay compensation or a reasonable value
4.2.2 To 3rd Persons
4.2.2.1 ratified acts agent
4.2.2.2 tort of agent
4.2.3 Two or More Principals
4.3 Obligations of the Third Person

4.3.1 To the Principal


4.3.1.1 contracted obligations
4.3.1.2 tort against principal
4.3.2 To the Agent
4.3.2.1 agent contracts in his own name
4.3.2.2 agent possesses a beneficial interest
4.3.2.3 tort against agent
4.3.3 Two Persons Contract Separately with Agent and Principal

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