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AGENCY LOAN

Financing of operations to be carried on by Money advanced to another is expressly AGENCY INDEPENDENT CONTRACT
another for the mutual advantage of both, w/o regard as money lent
any obligation of such other to return the One party to a contract undertakes to
money advanced accomplish a certain result according to his own
method and without being subject to the other
party’s control except as to the result of the
Agent may be given funds by the principal to Borrower is given money for purposes of his work.
advance the latter’s business own and he must generally return it whether Agent is subject to the control and direction of The independent contractor, without being
or not his own business is successful. the principal whom he represents with respect subject to the control of the employer except
to the matters entrusted to him. only as to the result of the work, exercises his
employment independently, and not in
representation of the employer.
Checks are deposited with a collecting bank; After the check are collected and converted
the bank is to collect from the drawees of the into cash, the creditor and debtor relationship Acts of agents within the scope of his authority, Employer is not liable for the torts or injury
checks the corresponding proceeds. is created between the depositor and the the principal is generally liable. inflicted by the I.C.
bank. However, employer is not relieved from liability if
the injury is caused by his negligence or the
Where one deposits money with a bank with the instructions to apply it in satisfaction of the debt result of his interference in the work of the
of a 3rd person, the conventional “debtor and creditor relationship” between the bank and the independent contractor.
depositor is created coupled with an “agency” on the part of the bank to pay the debt, which is One may be an independent contractor and an agent at the same time.
revocable at the will of the depositor. An independent contractor becomes an agent by his employer agreeing to be responsible for
obligations incurred by him in the completion of his undertaking, but payment of workmen by an
owner or employer foes not necessarily transform an independent contractor into an agent.

AGENCY LEASE SERVICE


AGENCY PARTNERSHIP
Basis is representation It is employment
Agent acts only for his principal A partner acts not only for his co-partners and
the partnership but also as principal of himself.
A contract of mutual agency.
Agent exercises discretionary powers The lessor ordinarily performs only ministerial
functions

There is control by the principal; an agent No such concept; partner’s power to bind his co-
3 persons are involved: the principal, the agent, Only 2 persons are involved; the lessor
submit to the principal’s right to control the partner is not subject to the co-partner’s right to
and the 3rd person with whom the agent has (master or employer) and the lessee (servant
agent’s conduct in regard to the subject of the control, unless there is an agreement to that
contracted or employee)
agency. effect.

Commercial or business transactions Relates more to matters of mere manual or


mechanical execution, in which the servant
acts under the direction and control if the
master
Agent is employed in a capacity superior to that Servant is directed by the master, not only as Assumes no personal liability where he acts Binds not only the firm members but himself as
of the servant, being entitled, in general to use to what is to be done, but how it shall be within the scope of his authority. well
his discretion as to the means to accomplish done.
the end for which he is employed.
Agent is employed to establish contractual Servant is not Alleged owner or partner takes his agreed share When earned, the profits belong to all parties as
relations between his principal and 3rd person. of profits, not as owner but as an agreed common proprietors in agreed proportions.
measure of compensation for his service or the
like.
But a person may be employed to perform the duties of both agent and servant
AGENCY NEGOTIORUM GESTIO AGENCY BAIILMENT
Representation is expressly conferred It is not only without the authority of the The relation of principal and agent does not
owner of the business but is w/o his exist as the bailor has no control over the
knowledge. bailee beyond what is given him by contract,
and is not responsible to others for his acts.

Acts according to the express will of the Gestor acts according to the presumed will of
principal. the owner by exercising all the diligence of a
good father of a family The bailee is possessed of no power to bind the bailor in personal liability and he owes
neither loyalty nor obedience to the bailor.

A contract A quasi-contract A bailee, however, may be constituted an agent as to 3rd parties, where, for example, he is
vested with ostensible authority to sell or to make binding contracts with respect to the
subject matter of the bailment.
AGENCY BROKERAGE
Broker is one who is engaged for others on a
commission; a negotiator between other
parties, never acting in his own name but in AGENCY GUARDIANSHIP
the name of those who employed him. Derives his authority from his principal Although he acts for and behalf of his ward,
Brokerage refers to trade or occupation of the does not derive his authority so to act from
broker. the ward
A commission agent is one engaged in the Broker has no relation with the thing he buys Founded upon consent of the parties thereto Guardian and ward may be created
purchase or sale for another of personal or sells. irrespective of the consent or capacity of the
property which for this purpose, is placed in He is merely an intermediary or negotiator ward.
his possession and at his disposal. between the purchaser and the vendor Subject to the control of their principals Not subject to the direction of their wards
He maintains relation not only with his relative to the property with the custody or
The appointee of the principal and his power Substituted by law
principal and the purchaser or vendor, but possession of which he has no concern. may at any time be abrogated or modified by
also with the property which is the subject His only office is to bring together the parties
the principal
matter of the transaction. to the transaction never acting in his own
Represents one who has capacity to contract Represent one who has no such capacity
name but in the name of those who employed
for himself where he present
him.
Agent receives commission upon successful Broker earns his pay merely by bringing the
conclusion of a transaction of sale. buyer and the seller together, even if no sale
AGENCY TRUST
is eventually made.
Represents and acts for his principal The title and control of the property under
Entitled to receive payment for the goods Their powers are limited, and when they have
the trust instrument passes to the trustee
delivered, unless specifically authorized. no charge or control of the property but act
who acts in his own name
only as go-betweens in executing a sale
May in general be revoked at any time. May ordinarily be terminated only by the
fulfillment of it purpose
Formed with a thought of constant Based on the idea of discretion in the trustee
AGENCY TO SELL SALE
supervision and control by the principal. and guidance by the seller or cestui only to a
The agent receives the goods or property as The buyer receives the goods as owner limited extent and when expressly provided
the goods of the principal. for.
Agent delivers the proceeds of the sale Buyer pays the price It is possible for a trustee to be an agent also where extensive direction and control are kept
over the trustee.
Agent can return the object in case he is Buyer, as general rule, cannot return the
unable to sell the same to a 3rd person object sold.
Agent, in dealing with the thing received, is The buyer can deal with the thing as he AGENCY JUDICIAL ADMINISTRATION
bound to act according to the instruction of his pleases, being the owner. n/a Appointed by the court
principal He is not only the representative of the said
court, but also the heirs and creditors of the
Idea of appointment of one to act for another Transfer of title to a thing from one to another estate.
n/a Before entering into his duties, is required to
Relationship which often result in a sale A subsequent step in the transaction file a bond.
Only answerable to his principal
Control by the principal can only be through Subject to specific provisions of law and
agreements orders of the appointing court.

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