This course is a basic survey of agency law doctrine and policy. Agency law addresses the general circumstances by which one entity (the agent) may take action on behalf of, and with significant legal consequences for, another (the principal), and the regulation of the relationship between the principal and the agent. Agency law often operates to facilitate the reach of other doctrinal areas, as when a principal authorizes an agent to enter into a contract with a third party on the principals; behalf, or when an agent who engages in a tort and as a result harms another generates liability for the principal. Specific topics to be covered in this course include the definition of agency and the creation of an agency relationship; capacity of parties and nondelegable acts; ambiguous agencies; vicarious knowledge and notice (the imputed knowledge rule); vicarious tort liability (the doctrine of respondent superior); vicarious contractual liability (actual and apparent authority); undisclosed and partially disclosed principals; ratification; rights and liabilities between the principal and the agent; rights and liabilities between the agent and the third party; and termination of the agency relationship. The legal relationship between attorneys and their client, and the legal relationship between attorneys and the law firm (or corporation or government) for which they work is an agency relationship. moreover, agency law is tested on the Maryland, Virginia, District of Columbia, and many other state bar examinations. Thus, all students who aspire to be licensed practicing attorneys should consider taking a course in agency law. While agency law can be thought of as a foundational subject for the study of corporate law, this course is not taught from that perspective. As a result, it may be particularly appropriate for those students who desire some exposure to agency law, but who do not necessarily wish to engage in a greater study of business entities. Students who would prefer to study agency law in that context might consider the course in unincorporated Business Organizations.
Upper-level course for:
IV. Business Organizations
XI. Entertaiment, Art, and Sports Law
XV. General Practice
XX. Labor and Employment Law
XXIII. Legal Profession/Professional Responsibility
