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
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. Study California's agency disclosures and the duties that continue when dual agency is properly disclosed and consented to.17%Practice Agency and Fiduciary Duties35 questions on this area, every option explained.Practice