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BL (Agency, Contract) - Coggle Diagram
BL
Agency
Agent's power to contractually bind principal
Actual Authority
Definition
Termination
Apparent Authority
Definition
Termination
Ratification 追認
Create agency relationship
必要條件:Principle with capacity and consent
(Agent 可以不用)
非必要條件:Writing
Rights and Duties
Duties of Agent to principal (代理人對被代理人之責任)
Duties of principal to agent
Contractual Liability
Principal's liability
Agent Liability
Tort Liability
GL: All
Contract
Definition:Promise that the law will enforce
Elements (必要)
Writing is not required as general rule.
Offer and acceptance
(Mutual Assent)
Offer
Definition
Termination
Revocation by offeror
How to communicate: direct or indirect
Effective upon received by the offerree
Reject by offeree
Effective when received
Operation of law
Acceptance
Need not be writing
Effective upon dispatch
Consideration
No Defence
Defence 種類
Void
Voidable