However, the latter rule is subject to the restriction that the money must have been lawfully received by the agent; Because if the agent was a culprit at the time of receipt, he is not released from his responsibility by payment to his client. According to the FCPA, organizations can be held accountable for the corrupt behavior of their agents in two cases: AGENT, contracts. The one who undertakes to administer a matter to be dealt with for another, by his authority over the latter, who is called the client, and to report on it. 2. There are different descriptions of officers who receive different names depending on the nature of their employment; as brokers, postmen, supercargos, lawyers and others; They are all included in this general term. The authority is created either by act or by simple writing, by parol or by simple use, according to the capacity of the parties or the nature of the act to be performed. It is therefore express or implicit. Empties authority. 3. It is deemed to be general or particular in relation to its object, that is to say, after having been limited to a single act or extended to all acts relating to a particular employment.
4. As regards the manner in which it is carried out, it is either limited or unlimited, i.e. the enforcement agent is bound by specific instructions (see also) or is left to his own discretion. It is the duty of an agent, 1, to do what he has done in relation to his agency. 2, Use all necessary care. 3, To report. Pothier, Tr. du Contrat de Mandat, passim; Paley, Agency, 1 and 2; 1 Deliver. Agency, 2; 1 Suppl. to ves. Jr.
67, 97, 409; 2 ID. 153, 165, 240; Ferry. Abr. Lord and Servant, 1; 1 Ves. Jr. R. 317 Empty Smith on Merc. Law, Chap. 3, p. 43,.
and following. and the articles Agency, Authority and Client. 5. Agents shall be common or multiple. It is a general rule of the common law that if a power is granted to two or more persons to perform an action, and there are no multiple powers, all officers must correspond to it in order to bind the principal. 3 Selection. R. 232; 2 Selection. R. 346; 12 Mass. R. 185; Co.
Litt. 49 b, 112 b, 113 and Harg. No. 2; Id. 181 b. 6 Pick. R. 198 6 John. R. 39; 5 barns. & Ald. 628.
6. This rule has been interpreted as meaning that if the power of attorney is transferred jointly and severally to three persons, two persons cannot execute it correctly; it must be done by all or by one. Co. Litt. 181 b; Com. Dig. Lawyer, C 11; But if the authority is formulated in such a way that it is obvious that the client intended to give power to one of them, an execution by two will be valid. Co.
Litt. 49 ter; Dy. R. 62; 5 barns. & Ald. 628. This rule applies to private agencies: in public institutions, an authority exercised by a major would suffice. 1 Co. Lit.
181b; Com. Dig. Lawyer, C 15; Ferry. From. Authority, C; 1 T. R. 592 7. However, the rule of trade is very different; and in general, if there are several agents, everyone has all the power. For example, in the case of a shipment of goods intended for sale to two factors (whether or not they are partners), it is assumed that each of them has full power over the goods for the purpose of shipment.
3 Wils. R. 94, 114; History of Ag. § 43. 8. With regard to the persons who may be authorised, it should be noted that only a few persons are excluded from the activity of agent or from the exercise of the powers conferred on them by others. It is therefore not necessary for a person to be sui juris or capable of acting independently to be qualified to act for others. Infants, undercover women, people who have been acquired or ostracized, strangers, and other people who are incompetent for many purposes can act as agents for others. Co. Litt. 62; Ferry.
From. Authority, B; Com. Dig. Lawyer, C 4; Id. Baron and Feme, p. 3; 1 hill, S. Car. R. 271; 4. Wend. 465; 3 Miss R.
465; 10 John R. 114; 3 watts, 39; 2 pp. & R. 197; 1 pet. R. 170. 9. However, in the case of a married woman, it must be held that she cannot be the representative of another person if her husband expressly objects to it, in particular if he can be held responsible for his actions. People who clearly have no understanding cannot be agents to others as idiots and lunatics. History of Agriculture. Article 7. 10.
There is another class that, although it has understanding, is unable to act as an agent for others; These are people whose duties and characters are incompatible with their obligations to the customer. For example, a person cannot act as an intermediary in the purchase of property belonging to him for another. Paley on Ag. Lloyd, 33 to 38 years old; 2 Ves. Jr. 317 11. An enforcement agent has rights that he can assert and is responsible for the obligations he must fulfill. These are briefly examined: 11. The rights to which vicarious agents are entitled result from the obligations to which they are entitled on the part of their customers or third parties. 12 – 1. Their rights vis-à-vis their customers are 1.
receive fair compensation for their services if they are provided faithfully, in the performance of a legal agency, unless these services are completely free of charge or the agreement between the parties rejects such a claim; This compensation, usually referred to as a commission, is governed either by a particular agreement or by the use of the trade or the presumed intent of the parties. 8 Bing. 65; 1 Kaines, 349; 2 Kaines, 357 2. to reimburse all their fair advances, expenses and disbursements which they have made in the course of their activities in respect of or for the benefit of their principal; 2 Foiem. on Ag. 11-23; History of Agriculture. § 335; History of Bailm. § 196; Smith on Sea. Law, 56; 6 East, 392; and also to pay interest on such advances, whenever they arise from the nature of the transaction or from the use of the transaction or the special agreement of the parties, may be deemed to have been agreed or admitted to the agent. 7.
Wend. 315; 3 bins. 295; 3 Kaines, 226; 3 warehouses. 467; 15 East, 223. 13. In addition to the personal remedies available to a representative to assert his claims against his client because of his commissions and advances, he has a privilege over the client`s property in hand. See Link and history of agriculture. §§ 351 to 390. 14.-2. The rights of vicarious agents against third parties derive either from contracts concluded between them and those third parties or from unlawful acts committed by them. 1.
The rights of vicarious agents vis-à-vis third parties in contracts are, 1. if the contract is in writing and expressly concluded with the agent, and matters into a personal contract with him, although he may be known as a representative; For example, if the agent as such receives a promissory note in favor of his client and the promise is to pay the money to the agent, OE Nomine. History about Ag. 393, 394; 8. Fair 103; see 6 pp. & R. 420; 1 Lev. 235; 3 warehouses.
320; 5 B.& A. 27. 2d. If the agent is the only known or presumed customer and is therefore in consideration of the law, the actual contracting party is. History of Agriculture. § 226, 270, 399. Because if a representative sells his customer`s goods in his own name, as if he were the owner, he has the right to sue the buyer in his own name; although his manager can also sue. 12.
Wend. 413; 5 M.& S. 833 And on the other hand, if he buys in this way, he can enforce the contract by the share.3d. If, through the practice of the profession, the agent is authorized to act as owner or as the principal contracting party, although his character as an agent is known, he may enforce his contract by prosecution. For example, an auctioneer who sells someone else`s property may assert a claim on the price because he has possession associated with an interest in the commodity, and it is a general rule that if an agent, although known as such, has special ownership of the object of the contract and not mere custody, or if he has acquired an interest or a privilege in it, he may take legal action on the contract. 2 in particular Rule 493; 1 H. Bl. 81, 84; 6 Wheat. 665; 3 chit. Com. Law, 10; 3 B.
& A. 276. However, this right to bring an action by agents is subject to the rights of the principal who, except in special cases where the agent has a privilege or other acquired right, may himself bring an action and suspend or extinguish the agent`s right. 7 Mockery. 237, 243; 2 Wash. C. C. R. 283.2. Enforcement agents have the right to prosecute third parties for crimes committed in the course of their activities. 1.
Place You may take action against third parties for tort or violation of possession of the goods you possess as vicarious agents. History of Agriculture. § 414; 13 East, 135; 9 B. and Cressw. 208; 1 hen. For example, 81. 2d. If an agent has been induced by the fraud of a third party to sell or buy goods for his principal and has suffered a loss, he may take legal action against that third party for such illegal act, deception or fraud. History of Agriculture. § 415. 15.-2. Agents are accountable for their actions, 1, to their clients; and 2, in the third person.
16.-1. The liability of vicarious agents to their clients results from a breach of their duties and obligations towards the client, an excess of power, fault or negligence or an omission or act as a result of which the client suffers damage.