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Agency and Fiduciary Duties, 17% of the examination

Implied agency

Agency inferred from the conduct and circumstances of the parties rather than stated directly.

Repeatedly giving advice, negotiating, or acting as though another person is a client can create duties despite the absence of a signed agency agreement. Do not confuse implied agency between principal and agent with ostensible agency, which protects a third party who reasonably relies on the principal's manifestations.

See also

Express agencyAgency created by the spoken or written agreement of the principal and agent.Ostensible agencyAgency created when a principal intentionally or carelessly causes a third party reasonably to believe another person is the principal's agent.

Primary sources

Use these authorities when a course summary, forum answer, or older flashcard conflicts with the current California rule.

Where this is tested

Laws of Agency and Fiduciary DutiesWho you represent, when that duty begins, and what you owe someone you do not represent. California runs its own disclosure regime and permits dual agency with consent, which is where borrowed national study material fails.17%Practice Agency and Fiduciary Duties34 questions on this area, every option explained.Practice

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