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Restatement of the law, agency : as adopted and promulgated by the American Law Institute at Philadelphia, Pennsylvania, May 17, 2005

دانلود کتاب Restatement of the law, agency : as adopted and promulgated دانلود ایبوک Restatement of the Law, Agency: third parties 0314962468, 9780314962461 گیگاپیپر.
Language: English
Publication Information: St Paul, MN : American Law Institute Publishers, 2006.
Publication Date: 2006
Physical Description: resource (2 volumes)
Publication Type: Book; Computer File; eBook
Document Type: Bibliographies; Non-fiction; Electronic document
Subject Terms: Agency (Law) — United States
Content Notes: v. 1. Sec. 1.01-5.04: Introductory matters — Principles of attribution — Creation and termination of authority and agency — Ratification — Notifications and notice — v. 2. Sec. 6.01-8.15: Contracts and other transactions with third parties — Torts: liability of agent and principal — Duties of agent and principal to each other — Table of cases — Table of statutes — Parallel tables showing corresponding restatement third and restatement second section numbers — Table of cross references to digest system key numbers and ALR annotations — Index.

Includes bibliographical references and index.

Other Titles:
Restatement of the law, third, agency. Restatement (third) of agency.

مشخصات و دانلود ایبوک Restatement of the law, agency  as adopted and promulgated

دانلود کتاب Restatement of the law, agency : as adopted and promulgated دانلود ایبوک Restatement of the Law, Agency: third parties 0314962468, 9780314962461 گیگاپیپر

Bibliographic information
Title Restatement of the Law, Agency: Contracts and other transactions with third parties
Volume 2 of Restatement of the Law, Agency: As Adopted and Promulgated by the American Law Institute at Philadelphia, Pennsylvania, May 17, 2005, American Law Institute
Volume 2 of Restatement of the Law, Agency, American Law Institute
Author American Law Institute
Publisher American Law Institute Publishers, 2006
ISBN 0314962468, 9780314962461
Length 994 pages
Subjects Law
› General

Agency (Law)
Agency (Law) – United States
Law / General

فهرست مطالب کامل کتاب Restatement of the law, agency : as adopted and promulgated

Front Matter

INTRODUCTION

REPORTER’S NOTES

FOREWORD

Table Of Cases

TABLE OF CROSS REFERENCES TO DIGEST SYSTEM KEY NUMBERS AND ALR ANNOTATIONS*

TABLE OF STATUTES

Volume 1. Section 1.01 to 5.04

Chapter 1. INTRODUCTORY MATTERSCollapse

Topic 1. DEFINITIONS AND TERMINOLOGYSelect AllSearch

CHAPTER 1. INTRODUCTORY MATTERS

§ 1.02 Parties’ Labeling and Popular Usage Not Controlling

§ 1.03 Manifestation

§ 1.04 Terminology

CHAPTER 2. PRINCIPLES OF ATTRIBUTION

CHAPTER 2 PRINCIPLES OF ATTRIBUTION

TOPIC 1. ACTUAL AUTHORITYSelect AllSearch

§ 2.01 Actual Authority

§ 2.02 Scope of Actual Authority

TOPIC 2. APPARENT AUTHORITY

§ 2.03 Apparent Authority

TOPIC 3. RESPONDEAT SUPERIOR

§ 2.04 Respondeat Superior

TOPIC 4. RELATED DOCTRINES

§ 2.05 Estoppel to Deny Existence of Agency Relationship

§ 2.06 Liability of Undisclosed Principal

§ 2.07 Restitution of Benefit

CHAPTER 3. CREATION AND TERMINATION OF AUTHORITY AND AGENCY RELATIONSHIPSCollapse Next LevelSearch

TOPIC 1. CREATING AND EVIDENCING ACTUAL AUTHORITYSelect AllSearch

CHAPTER 3 CREATION AND TERMINATION OF AUTHORITY AND AGENCY RELATIONSHIPS

§ 3.02 Formal Requirements

TOPIC 2. CREATING APPARENT AUTHORITY

§3.03 Creation of Apparent Authority

TOPIC 3. CAPACITY TO ACT AS PRINCIPAL OR AGENTSelect AllSearch

§ 3.04 Capacity to Act as Principal

§ 3.05 Capacity to Act as Agent

TOPIC 4. TERMINATION OF AGENT’S POWERCollapse Next LevelSearch

TITLE A. TERMINATION OF ACTUAL AUTHORITYSelect AllSearch

§ 3.06 Termination of Actual Authority-In General

§ 3.07 Death, Cessation of Existence, and Suspension of Powers

§ 3.08 Loss of Capacity

§3.09 Termination by Agreement or by Occurrence of Changed Circumstances

§3.10 Manifestation Terminating Actual Authority

TITLE B. TERMINATION OF APPARENT AUTHORITYSelect

§ 3.11 Termination of Apparent Authority

TITLE C. IRREVOCABLE POWERS

§ 3.12 Power Given as Security; Irrevocable Proxy

§ 3.13 Termination of Power Given as Security or Irrevocable Proxy

TOPIC 5. AGENTS WITH MULTIPLE PRINCIPAL

§ 3.14 Agents with Multiple Principals

§ 3.15 Subagency

§ 3.16 Agent for Coprincipals

CHAPTER 4. RATIFICATION

Chapter 4 RATIFICATION

§ 4.01 Ratification Defined

§ 4.02 Effect of Ratification

§ 4.03 Acts That May Be Ratified

§ 4.04 Capacity to Ratify

§ 4.05 Timing of Ratification

§ 4.06 Knowledge Requisite to Ratification

§ 4.07 No Partial Ratification

§ 4.08 Estoppel to Deny Ratification

CHAPTER 5. NOTIFICATIONS AND NOTICE

CHAPTER 5 NOTIFICATIONS AND NOTICE

§ 5.02 Notification Given by or to an Agent

§ 5.03 Imputation of Notice of Fact to Principal

§ 5.04 An Agent Who Acts Adversely to a Principal

Volume 2. Section 6.01 to 8.15, Including Tables and IndexCollapse Next LevelSearch

CHAPTER 6. CONTRACTS AND OTHER TRANSACTIONS WITH THIRD PARTIESCollapse Next LevelSearch

TOPIC 1. PARTIES TO CONTRACTSSelect AllSearch

CHAPTER 6 CONTRACTS AND OTHER TRANSACTIONS WITH THIRD PARTIES

§ 6.02 Agent for Unidentified Principal

§ 6.03 Agent for Undisclosed Principal

§ 6.04 Principal Does Not Exist or Lacks Capacity

TOPIC 2. RIGHTS, LIABILITIES, AND DEFENSESCollapse Next LevelSearch

TITLE A. GENERALSelect AllSearch

§ 6.05 Contract That Is Unauthorized in Part or That Comhines Orders of Several Principals

§ 6.06 Setoff

TITLE B. SUBSEQUENT DEALINGS BETWEEN THIRD PARTY

§ 6.07 Settlement with Agent by Principal or Third Party

§ 6.08 Other Subsequent Dealings Between Third Party and Agent

§6.09 Effect of Judgment Against Agent or Principal

TITLE C. AGENT’S WARRANTIES AND REPRESENTATIONSSelect AllSearch

§ 6.10 Agent’s Implied Warranty of Authority

§ 6.11 Agent’s Representations

CHAPTER 7. TORTS-LIABILITY OF AGENT AND PRINCIPALCollapse Next LevelSearch

TOPIC 1. AGENT’S LIABILITYSelect AllSearch

CHAPTER 7 TORTS-LIABILITY OF AGENT AND PRINCIPAL

§ 7.02 Duty to Principal; Duty to Third Party

TOPIC 2. PRINCIPAL’S LIABILITYSelect AllSearch

§ 7.03 Principal’ s Liability-In General

§ 7.04 Agent Acts with Actual Authority

§ 7.05 Principal’ s Negligence in Conducting Activity Through Agent; Principal’ s Special Relationship…

§7.06 Failure in Performance of Principal’ s Duty of Protection

§7.07 Employee Acting Within Scope of Employment

§ 7.08 Agent Acts with Apparent Authority

CHAPTER 8. DUTIES OF AGENT AND PRINCIPAL TO EACH OTHERCollapse Next LevelSearch

TOPIC 1. AGENT’S DUTIES TO PRINCIPALCollapse Next LevelSearch

TITLE A. GENERAL FIDUCIARY PRINCIPLESelect AllSearch

§ 8.01 General Fiduciary Principle

TITLE B. DUTIES OF LOYALTYSelect AllSearch

§8.02 Material Benefit Arising Out of Position

§ 8.03 Acting as or on Behalf of an Adverse Party

§ 8.04 Competition

§ 8.05 Use of Principal’s Property; Use of Confidential Information An agent has a duty

§ 8.06 Principal’s Consent

TITLE C. DUTIES OF PERFORMANCESelect AllSearch

§ 8.07 Duty Created by Contract

§ 8.08 Duties of Care, Competence, and Diligence

§ 8.09 Duty to Act Only Within Scope of Actual Authority and to Comply with Principal’s Lawful Instructions

§ 8.10 Duty of Good Conduct

§ 8.11 Duty to Provide Information

§ 8.12 Duties Regarding Principal’ s Property-Segregation, Record-Keeping, and Accounting

TOPIC 2. PRINCIPAL’S DUTIES TO AGENTSelect AllSearch

§ 8.13 Duty Created by Contract

§ 8.14 Duty to Indemnify

§ 8.15 Principal’s Duty to Deal Fairly and in Good Faith

INDEX

PARALLEL TABLES SHOWING CORRESPONDING RESTATEMENT THIRD AND RESTATEMENT SECOND SECTION NUMBERS

Appendix, 1.01 – End, Reporting Cases July 1999 through June 2012

CHAPTER 1 INTRODUCTORY MATTERS

§ 2. Master; Servant; Independent Contractor

§ 13. Agent as a Fiduciary

CHAPTER 2 CREATION OF RELATIONSHIP

CHAPTER 6 LIABILITY OF PRINCIPAL TO THIRD PERSONS; CONTRACTS AND CONVEYANCES

CHAPTER 7 LIABILITY OF PRINCIPAL TO THIRD PERSON; TORTS

§ 217. Principal or kent Has Immunities or Privileges

§ 220. Definition

§ 227. Servant Lent to Another Master

§ 228. General Statement

§ 229. Kind of Conduct within Scope of Employment

§ 235. Conduct Not for Purpose of Serving Master

§ 236. Conduct Actuated by Dual Purpose

§ 250. Non-Liability for Physical Harm

§ 261. Agent’s Position Enables Him to Deceive

§ 267. Reliance upon Care or Skill of Apparent Agent or Servant

CHAPTER 8 LIABILITY OF PRINCIPAL TO THIRD PERSONS; NOTICE THROUGH AGENT

CHAPTER 10 LIABILITY OF THIRD PERSON TO PRINCIPAL

CHAPTER 11 LIABILITY OF AGENT TO THIRD PERSON

CHAPTER 3 CREATION AND INTERPRETATION OF AUTHORITY AND APPARENT AUTHORITY

CHAPTER 13 DUTIES AND LIABILITIES OF AGENT TO PRINCIPAL

§ 385. Duty to Obey

§ 393. Competition as to Subject Matter of Agency

§ 399. Remedies of Principal

§ 401. Liability in Tort for Loss Caused

§ 415. Principal’s Contributory Fault as Defense

CHAPTER 14 DUTIES AND LIABILITIES OF PRINCIPAL TO AGENT

§ 449.Compensation When Principal Competes

§ 77. General Rule

§ 8. Apparent Authority

§ 80. When Authority to Appoint a Subagent is Inferred

CHAPTER 4 RATIFICATION

§ 83. Affirmance

§ 94. Failure to Act as Affirmance

COURT CITATIONS TO RESTATEMENT SECOND

§ 2. Master; Servant; Independent Contractor

§ 3. General Agent; Special Agent

§ 4. Disclosed Principal; Partially Disclosed Principal; Undisclosed Principal

§5. Sub agents and Sub servants

§ 6. Power

§ 7. Authority

§ 8. Apparent Authority

§ 8A. Inherent Agency Power

§ 8B. Estoppel-Change of Position

§ 8C. Restitution

§ 8D. Refortnation

§ 9. Notice

§ 10. Knowledge Which Principal or Agent Should Have Inter Se

§ 11. Notification by Principal or Agent to the Other

§ 12. Agent as Holder of a Power

§ 13. Agent as a Fiduciary

§ 14. Control by Principal

§ 14A. Agent and Partner

§ 14B. Agency and Trust

§ 14C. Agent or Director

§ 14D. Agent or Escrow Holder

§ 14E. Agent and Interpreter or Amanuensis

§ 14F. Judicially Appointed Fiduciaries

§ 14G. Agent or Assignee

§ 14H. Agents or Holders of a Power Given for Their Benefit

§ 14I. Agent or Holder of a Restitutional Power

§ 14J. Agent or Buyer

§ 14K. Agent or Supplier

§ 14L. Ambiguous Principal

§ 14M. Corporate Subsidiaries

§ 14N. Agent and Independent Contractor

§ 14O. Security Holder Becoming a Principal

CHAPTER 2 CREATION OF RELATION

§ 16. Consideration

§ 17. What Acts are Delegable

§ 18. Delegation of Powers Held by Agent

§ 19. Appointment to Perform Illegal Acts

§ 20. Capacity of Principal

§ 21. Capacity of Agent; in General

§ 22. Husband and Wife as Principal and Agent

§ 23. Agent Having Interests Adverse to Principal

§ 24. Adverse Party to Transaction as Agent

§ 25. Applicability of General Agency Rules

CHAPTER 3 CREATION AND INTERPRETATION OF AUTHORITY AND APPARENT AUTHORITY

§ 27. Creation of Apparent Authority; General Rule

§ 28. Authority to Execute Sealed Instruments

§ 29. Defectively Authorized Deed as Memorandum of Contract

§ 30. Authority to Execute Writings

§ 31. Estoppel to Deny Authorization

§ 32. Applicability of Rules for Interpretation of Agreements

§ 33. General Principle of Interpretation

§ 34. Circumstances Considered in Interpreting Authority

§ 35. When Incidental Authority is Inferred

§ 36. Usage in Interpretation of Authority

§ 37. General Expressions and Particularized Authorizations

§ 38. Interpretation as to Duration of Authority

§ 39. Inference That Agent is to Act Only for Principal’s Benefit

§ 40. Inference as to Authority to Disclose Principal

§ 41. Interpretation of Authority Where Principals or Agents are Joint

§ 42. Interpretation by the Parties

§ 43. Acquiescence by Principal in Agent’s Conduct

§ 44. Interpretation of Ambiguous Instructions

§ 45. Mistake by Agent as to Facts upon Which Authority Depends

§ 46. Inference of Authority to Disclose Facts upon Which Authority Depends

§ 47. Inference of Authority to Act in an Emergency

§ 48. Parol Evidence Rule

§ 49. Interpretation of Apparent Authority Compared with Interpretation of Authority

§ 50. When Authority to Contract Inferred

§ 51. Authority Inferred from Authorizing Making of Contract

§ 52. When Authority to Buy or to Sell Inferred

§ 53. Meanings of ”to Buy” and ”to Sell”

§54. Authority to Find Seller or Purchaser

§ 55. Authority to Contract for Purchase or Sale

§ 56. Authority to Acquire Property by Purchase, or to Convey

§ 57. Limitation of Authority to Identified Subject Matter

§ 58. Authority to Make Unspecified Terms

§ 59. Duration of Authority to Buy or to Sell

§ 60. Authorized Methods of Buying or Selling

§ 61. Amount of Price to be Paid or Received

§ 62. Authority to Pay or to Receive Purchase Price

§ 63. Authority to Warrant or to Represent

§ 64. Employment of Assistants

§ 65. Giving or Receiving Cash or Credit

§ 66. Authority after Purchase or Sale

§ 67. When Authority to Lease is Inferred

§ 68. Authority Inferred from Authority to Lease

§ 69. Authority of Agent in Charge of Things

§ 70. Authority to Make Investments

§ 71. When Authority is Inferred

§ 72. Authority Inferred from Authority to Receive Payment

§ 73. What Authority is Inferred

§ 74. When Authority is Inferred

§ 75. Authority Inferred from Authority to Borrow

§ 76. When Authority is Inferred

§ 77. General Rule

§ 78. Inference as to Authority to Delegate Authority

§ 79. When Authority to Appoint an Agent is Inferred

§ 80. When Authority to Appoint a Subagent is Inferred

§ 81. Authority of Servant to Delegate

CHAPTER 4 RATIFICATION

§ 83. Affirmance

§ 84. What Acts Can be Ratified

§ 85. Purporting to Act as Agent as a Requisite for Ratification

§ 86. Illegality or Lack of Capacity at Time of Affirmance

§ 87. Who Can Affirm

§ 88. Affirmance after Withdrawal of Other Party or Other Termination of Original Transaction

§ 89. Affirmance after Change of Circumstances

§ 90. Affirmance after Rights have Crystallized

§ 91. Knowledge of Principal at Time of Affirmance

§ 92. Events Not Required for and Not Preventing Ratification

§ 93. Methods and Formalities of Affirmance

§ 94. Failure to Act as Affirmance

§ 95. Necessity of Communicating Manifestation of Affirmance

§ 96. Effect of Affirming Part of a Transaction

§ 97. Bringing Suit or Basing Defense as Affirmance

§ 98. Receipt of Benefits as Affirmance

§ 99. Retention of Benefits as Affirmance

§ 100. Effect of Ratification; in General

§ 100A. Relation Back in Time and Place

§ 101. Exceptions to Normal Effect of Ratification

§ 102. Revocability of Ratification

§ 103. Estoppel to Deny Ratification

§ 104. Liability Because of Adoption, Novation, or Restitution

CHAPTER 5 TERMINATION OF AGENCY POWERS

§ 106. Accomplishment of Authorized Act

§ 107. Happening of Specified Events

§ 108. Happening of Unspecified Events or Changes; in General

§ 109. Change in Value or Business Conditions

§ 110. Loss or Destruction of Subject Matter

§ 111. Loss of Qualification of Principal or Agent

§ 112. Disloyalty of Agent

§ 113. Bankruptcy of Agent

§ 114. Bankruptcy of Principal

§ 115. War

§ 116. Change of Law

§ 117. Mutual Consent

§ 118. Revocation or Renunciation

§ 119. Manner of Revocation or Renunciation

§ 120. Death of Principal

§ 121. Death of Agent

§ 122. Loss of Capacity of Principal or Agent

§ 123. Death or Loss of Capacity of Joint Principals or Agents

§ 124. Impossibility

§ 124A. Effect of Termination of Authority upon Apparent Authority and Other Powers

§ 125. By Notice of Termination of Authority, or of Principal’s Consent, or of a Basic Error

§ 126. Apparent Authority Conditioned by Time or Events

§ 127. Apparent Authority of General Agent

§ 128. Apparent Authority of Specially Accredited Agent

§ 129. Apparent Authority of Agent Who Has Begun to Deal

§ 130. Apparent Authority of Agent Having Indicia of Authority

§ 131. Agent Has Apparent Authority to Represent Nonexistence of Terminating Events

§ 132. Apparent Authority of Special Agent

§ 133. Incapacity of Parties or Other Impossibility

§ 134. When Principal or Agent Has Notice of Termination of Authority

§ 135. When Third Persons Have Notice of Termination of Authority

§ 136. Notification Terminating Apparent Authority

§ 137. Termination of Powers of Subagents

§ 138. Definition

§ 139. Termination of Powers Given as Security

CHAPTER 6 LIABILITY OF PRINCIPAL TO THIRD PERSONS; CONTRACTS AND CONVEYANCES

§141. Liability Based on Other Than Agency Principles

§142. Liability for Acts of Servants and Subagents

§143. Effect of Ratification

§144. General Rule

§145. Authorized Representations

§146. Manifestations by Agent Determining Parties

§147. Inference that Principal is a Party; Simple Contracts

§148. Orders of Several Principals Combined

§149. Written Contracts Not Containing Principal’s Name

§ 150. Contracts Specifically Including or Excluding Principal

§ 151. Sealed Instruments

§ 152. Negotiable Instruments

§ 153. Transactions Required to be in Writing

§ 154. General Rule

§ 155. Instrument in Which Principal Appears as Such

§ 156. Instrument in Which Fact of Agency or Name of Principal Appears

§ 157. Instrument in Which Agency Shown Only in One Part

§ 158. Interpretation of Sealed Instruments as to Parties

§ 159. Apparent Authority

§ 160. Violation of Secret Instructions

§ 161. Unauthorized Acts of General Agent

§ 161A. Unauthorized Acts of Special Agents

§ 162. Unauthorized Representations

§ 163. Disobedience as to Naming or Disclosing Principal

§ 164. Contracts Unauthorized in Part

§ 165. Agent Acts for Improper Purpose

§ 165A. Mistaken Exercise of Conditional Authority

§ 166. Persons Having Notice of Limitations of Agent’s Authority

§ 167. Persons Having Notice of Limitations of Written Authorizations

§ 168. Power of Agent as to Statements of His Authority

§ 169. Agent Authorized to Disclose Terms

§ 170. Agent’s Statements of Facts on Which His Authority

§ 171. Authority Dependent on Facts Within Agent’s Peculiar Knowledge

§ 172. General Agent Authorized to Issue Commercial Documents

§ 173. Unauthorized Issue of Negotiable Instrument

§ 174. Agent Entrusted with Possession of a Chattel

§ 175. Agent Authorized to Deal with Chattel Entrusted to Him

§ 176. Agent Entrusted with Commercial Document

§ 177. Agent Entrusted with Negotiable Instruments

§ 177A. Agent Authorized to Fill Blanks

§ 178. Agent Authorized to Collect a Debt

§ 178A. Where Agent Authorized to Pay Debts Makes a Mistaken Payment

§ 179. Rights Between Third Person ana Agent

§ 180. Defenses of Principal-In General

§ 181. Subsequent Dealings Between Agent and Other Party

§ 182. Performance by Other Party Believing Agent Authorized

§ 183. Settlement with Agent by Principal

§ 184. Judgment for or Against Agent

§ 184A. Joinder of Principal and Agent

§ 185. Satisfaction of Claim by Agent

§ 186. General Rule

§ 187. Orders of Several Principals Combined

§ 188. Authorized Representations

§ 189. Contracts Specifically Excluding Principal

§ 190. Simple Contracts in Writing

§ 191. Sealed Instruments

§ 192. Negotiable Instruments

§ 193. Transactions Required to be in Writing

§ 194. Acts of General Agents

§ 195. Acts of Manager Appearing to be Owner

§ 195A. Unauthorized Acts of Special Agents

§ 196. Unauthorized Representations

§ 196A. Mistaken Exercise of Conditional Authority

§ 197. Disobedience as to Disclosing Principal

§ 198. Contracts Unauthorized in Part

§ 199. Acts Not on Account of Principal or Done with an Improper Motive

§ 200. Agent Entrusted with Possession of a Chattel

§ 201. Ascent Authorized to Deal with Cliattel Entrusted to Him

§ 201A. Agent Entrusted with Title

§ 202. Agent Entrusted with Commercial Document

§ 203. Defenses of Undisclosed Principal-In General

§ 204. Notice to Principal or Agent

§ 205. Power of Agent to Modify Contract before Disclosure of Principal

§ 206. Power of Agent as to Performance of or Defaults in Contract before Disclosure of Principal

§ 207. Dealings Between Other Party and Agent after Disclosure of Principal

§ 208. Settlement with Agent by Principal

§ 209. Choice by Third Person to Look Only to Agent

§ 210. Judgment for or Against Agent

§ 210A Joinder of Undisclosed Principal and Agent

§ 211. Satisfaction of Claim by Agent

CHAPTER 7 LIABILITY OF PRINCIPAL TO THIRD PERSON; TORTS

§ 213. Principal Negligent or Reckless

§ 214. Failure of Principal to Perform Non-delegable Duty

§ 215. Conduct Authorized but Unintended by Principals

§ 216. Unauthorized Tortious Conduct

§ 217. Where Principal or Agent has Immunity or Privilege

§ 217A. Dealings and Actions Between Injured Party and Agent

§ 217B. Joinder of Principal and Agent

§ 217C. Punitive Damages

§ 217D. Penalties

§218. Effect of Ratification

§ 219. When Master is Liable for Torts of His Servants

§ 220. Definition of Servant

§ 221. Master’s Consent to Service

§ 222. Servants of Agent of Undisclosed Principal

§ 223. Servant Required to be Taken from a Limited Class

§ 224. Persons Compelled to Serve

§ 225. Person Serving Gratuitously

§ 226. Servant Acting for Two Masters

§ 227. Servant Lent to Another Master

§ 228. General Statement

§ 229. Kind of Conduct within Scope of Employment

§ 230. Forbidden Acts

§ 231. Criminal or Tortious Acts

§ 232. Failure to Act

§ 233. Time of Service

§ 234. Area of Service

§ 235. Conduct Not for Purpose of Serving Master

§ 236. Conduct Actuated by Dual Purpose

§ 237. Re-Entry into Employment

§ 238. Instrumentalities Not Used in Employment

§ 239. Use of Unauthorized Instrumentality

§ 240. Servant Leaves Instrumentality in Dangerous Situation

§ 241. Unauthorized Transfer of Custody of Instrumentality

§ 242. Liability to Invitee of Servant

§ 243. Negligence

§ 244. Trespass and Conversion

§ 245. Use of Force

§ 246. Tortious Institution or Conduct of Legal Proceedings

§ 247. Defamation

§ 248. Interference with Business Relations

§ 249. Misrepresentations

TITLE C. AGENTS’ TORTS-LIABILITY NOT DEPENDENT UPON RELATION OF MASTER AND SERVANT

§ 251. Liability for Physical Harm Caused by a Servant or a Non­servant Agent

§ 252. Mistaken Action by Agents

§ 253. Tortious Institution or Conduct of Legal Proceedings

§ 254. Defamation

§ 255. Acts of Subservants and Other Subagents

§ 256. Knowledge of Principal When Agent Innocently Makes a Misrepresentation

§ 257. Misrepresentations; in General

§ 258. Incidental Misrepresentations

§ 259. Rescission of Transaction for Misrepresentations of Agent

§ 259A. Misrepresentation as to Contents of a Document

§ 260. Contracts Limiting Liability for Agent’s Misrepresentations

§ 261. Agent’s Position Enables Him to Deceive

§ 262. Agent Acts for His Own Purposes

§ 263. Property Acquired for Principal by Fraud of Agent

§ 264. Misrepresentations by Subservants and Other Subagents

§ 265. General Rule

§ 266. Physical Harm Caused by Reliance upon Representations

§ 267. Reliance upon Care or Skill of Apparent Servant or Other Agent

§ 268. General Rule

§ 269. Time When Notification Must be Given

§ 270. Time When Notice Results

§ 271. Notification; Agent’s Interests Adverse to Principal’s

§ 272. General Rule

§ 273. Agent Having Apparent Authority

§ 274. Agent Acquiring Property for Principal

§ 275. Agent Having Duty to Reveal Knowledge

§ 276. Time, Place, or Manner of Acquisition of Agent’s Knowledge

§ 277. Agent Who Should, but Does Not, Have Knowledge

§ 278. Time When Agent’s Knowledge Affects Principal

§ 279. Agent Dealing with Principal as Adverse Party

§ 280. Agent’s Knowledge of His Own Unauthorized Acts

§ 281. Agent Privileged Not to Disclose Knowledge

§ 282. Agent Acting Adversely to Principal

§ 283. General Rule

§ 284. Operative and Relevant Statements

§ 285. Statements as to Authority

§ 286. Statements to Third Persons Constituting Admissions

§ 287. Reports to Principal

§ 288. When Agent has Authority to Make Statements

§ 289. Statements Admissible under General Rules of Evidence

§ 290. Ratification of Agent’s Statements

§ 291. Statements of Servants and Subagents

CHAPTER 10 LIABILITY OF THIRD PERSON TO PRINCIPAL

§ 293. Principal Excluded from Transaction

§ 294. Orders of Several Principals Combined

§ 295. Negotiable Instruments

§ 296. Sealed Instruments

§ 297. Interpretation of Written Instruments as to Parties

§ 298. Defenses of Other Party

§ 299. Rights Between Other Party and Agent

§ 300. Dealings and Actions Between Agent and Other Party Subsequent to the Transaction

§ 301. Unauthorized Assignment of Contract by Agent

§ 302. General Rule

§ 303. Principal Excluded from Transaction

§ 304. Agent Misrepresents Existence of Principal

§ 305. Orders of Several Principals Combined

§ 306. Rights Between Other Party and Agent

§ 307. Dealings and Actions Between Agent and Other Party Subsequent to Transaction

§ 307A. Unauthorized Assignment by Agent

§ 308. Defenses of Other Party

§ 309. Principal Cannot or Does Not Give Required Performance

§ 310. When Performance Must be Rendered to Principal

§ 311. Mistaken Dealing with Unauthorized Agent

§ 312. Intentionally Causing or Assisting Agent to Violate Duty

§ 313. Adversely Employing Agent of Another

§ 314. Restitution al Liability

§ 315. Third Person Fraudulent

§ 316. Interference with, or Harm Caused to, Servants or Other Agents

§ 317. Contributory Negligence of Agent

§ 317A. Indemnity and Contribution from Another Principal

§ 318. General Rule

§ 319. General Rule

CHAPTER 11 LIABILITY OF AGENT TO THIRD PERSONS

§ 321. Principal Partially Disclosed

§ 322. Principal Undisclosed

§ 323. Integrated Contracts

§ 324. Negotiable Instruments

§ 325. Sealed Instruments

§ 326. Principal Known to be Nonexistent or Incompetent

§ 327. Interpretation of Written Instruments as to Parties

§ 328. Liability of Authorized Agent for Performance of Contract

§ 329. Agent Who Warrants Authority

§ 330. Liability for Misrepresentation of Authority

§ 331. Agent Making No Warranty or Representation of Authority

§ 332. Agent of Partially Incompetent Principal

§ 333. Rights Between Other Party and Principal

§ 334. Defenses of Agent-In General

§ 335. Agent Surety for Principal

§ 336. Election by Other Party to Hold Principal; Agency Disclosed

§ 337. Election by Other Party to Hold Principal; Agency Undisclosed

§ 338. Effect of Ratification

§ 339. Other Party Rescinds for Cause Existing at Time of Transaction; Principal Disclosed or Partially…

§ 340. Other Party Rescinds for Cause Arising after Transaction; Principal Disclosed or Partially Disclosed

§ 341. Other Party Rescinds; Principal Undisclosed

§ 342. General Rule

§ 343. General Rule

§ 344. Liability for Directed Conduct or Consequences

§ 345. Agent Exercising Privileges of Principal

§ 346. Privilege to Protect Principal’s Interests

§ 347. Immunities and Standard of Care of Principal

§ 348. Fraud and Duress

§ 348A. Trespass to Land

§ 349. Conversion

§ 350. Negligent Action

§ 351. Directing or Permitting Negligent Conduct of Others

§ 352. Agent’s Failure to Perform Duties to Principal; in General

§ 353. Failure to Act Intending to Cause Physical Harm

§ 354. Agent’s Negligent Failure after Undertaking Protection of Others

§ 355. Agent as Custodian

§ 356. Agent in Control of Third Persons

§ 357. Conduct Causing Harm to Pecuniary Interests of Third Persons

§ 358. Liability for Conduct of Other Agents

§ 359. Liability to Other Agents

§ 359A. Liability of Agents for Crimes

§ 359B. Dealings and Actions between Injured Party and Principal

§ 359C. Joinder of Principal and Agent

§ 360. Effect of Ratification

§ 361. Liability of Servants, Subservants and Other Subagents

§ 362. Liability of Aicent for Conduct of Servants, Subservants and Other Subagents

§ 363. Contracts; General Rule

§ 364. Contracts; Agent a Party Promisee

§ 365. Agent as Transferee of Contract

§ 366. Rescission or Reformation of Contracts

§ 367. Possessory Actions

§ 367A. Misdelivery by Agent

§ 368. General Rule

§ 369. Agent Who Has Acted without Authority

§ 370. Agent without Authority to Maintain Suit

§ 371. Set-Off against Agent

§ 372. Agent as Owner of Contract Rtght

§ 373. Actions for Restitution

§ 374. Actions of Tort by Agents against Third Persons

§ 375. Defenses

CHAPTER 13 DUTIES AND LIABILITIES OF AGENT TO PRINCIPAL

§377. Contractual Duties

§378.Gratuitous Undertakings

§ 379. Duty of Care and Skill

§ 380. Duty of Good Conduct

§ 381. Duty to Give Information

§ 382. Duty to Keep and Render Accounts

§ 383. Duty to Act Only as Authorized

§ 384. Duty Not to Attempt the Impossible or Impracticable

§ 385. Duty to Obey

§ 386. Duties after Termination of Authority

§ 387. General Principle

§ 388. Duty to Account for Profits Arising out of Employment

§ 389. Acting as Adverse Party without Principal’s Consent

§ 390. Acting as Adverse Party with Principal’s Consent

§ 391. Acting for Adverse Party without Principal’s Consent

§ 392. Acting for Adverse Party with Principal’s Consent

§ 393. Competition as to Subject Matter of Agency

§ 394. Acting for One with Conflicting Interests

§ 395. Using or Disclosing Confidential Information

§ 396. Using Confidential Information after Termination of Agency

§ 397. When Agent Has Right to Patents

§ 398. Confusing or Appearing to Own Principal’s Things

§ 399. Remedies of Principal

§ 400. Liability for Breach of Contract

§ 401. Liability for Loss Caused

§ 402. Liability for Misuse of Principal’s Property

§ 403. Liability for Things Received in Violation of Duty of Loyalty

§ 404. Liability for Use of Principal’s Assets

§ 404A. Restitutional Liability of Agent to Principal

§ 405. Liability for Conduct of Other Agents

§ 406. Liability for Conduct of Subagent

§ 407. Principal’s Choice of Remedies

§ 408. Liability Created by Principal’s Ratification

§ 409. When Principal can Properly Terminate Employment; Condonation

§ 410. Incapacity of Agent

§ 411. Illegality as a Defense for Nonperformance of Service

§ 412. Criminality as Defense for Failure to Account

§ 413. Impossibility as Defense

§ 414. Statutes of Frauds as Defense

§ 415. Principal’s Contributory Fault as Defense

§ 416. Ratification or Affirmance as Defense

§ 417. Rights of Third Persons as Defense

§ 418. Privilege of Agent to Protect His Own Interests

§ 419. Discharge by Release or Contract

§ 420. Judicial Declaration of Insolvency or Bankruptcy of Agent

§ 421. Set-Off and Counterclaim

§ 421A. Other Events Terminating or Diminishing Agent’s Liability

§ 422. Agents in Charge of Land or Chattels

§ 423. Agents Holding a Title

§ 424. Agents to Buy or to Sell

§ 425. Agents to Make Investments

§ 426. Agents to Make Collections

§ 427. Agents Who Have Made Collections

§ 428. Subservants and Other Subagents

§ 429. Servants

§ 430. Purported Agents

§ 431. Agents and Subagents Employed for Undisclosed Principal

CHAPTER 14 DUTIES AND LIABILITIES OF PRINCIPAL TO AGENT

§ 433. Duty to Furnish Opportunity for Work

§ 434. Duty Not to Interfere with Agent’s Work

§ 435. Duty to Give Agent Information

§ 436. Duty to Keep and Render Accounts

§ 437. Duty of Good Conduct

§ 438. Duty of Indemnity; the Principle

When Duty of Indemnity Exists

§ 440. When No Duty of Indemnity

§ 441. Duty to Pay Compensation

§ 442. Period of Employment

§ 442A Death or Incapacity of Principal or Agent

§ 443. Amount of Compensation

§ 444. Compensation for Extra Services

§ 445. Compensation Dependent upon Specified Result

§ 446. Compensation Dependent upon Specified Result in Limited Time

§ 447. Compensation Dependent upon Securing Specified Price or Other Terms

§ 448. Compensation; Agent as Effective Cause

§ 449. Compensation When Principal Competes

450. Duty Not to Terminate Employment

451. Compensation and Indemnity for Acts Performed after Termination

§ 452. Compensation upon Termination without Breach by Either Party; Services Part of Agreed Exchange

§ 453. Compensation upon Termination without Breach by Either Party; Services Not Part of Agreed Exchange

§ 454. Revocation in Bad Faith of Offer of Compensation

§ 455. Damages Where Termination Results from Principal’s Breach of Contract

§ 456. Revocation for Breach of Contract or Renunciation in Breach of Contract

§ 457. Restitutional Liability Where No Contract or Voidable Contract

§ 458. Liability of Principal to Subagent

§ 459. Liability of Agents to Subagents

§ 460. Liability of Undisclosed Principal and Agent to Person Employed by Agent

§ 461. Servants and Subservants

§ 462. Effect of Ratification

§ 463. General Rule

§ 464. When Agent Has Lien

§ 465. When Subagent Has Lien

§ 466. When Agent Has Right of Stoppage in Transit

§ 467. Illegality as Defense

§ 468. Statutes of Frauds as Defense

§ 469. Disloyalty or Insubordination as Defense

§ 469A Other Events Terminating or Diminishing Agent’s Claim

§ 470. General Rule

§ 471. Duty of Warning

§ 472. General Rule

§ 473. Statement of Rule

§ 474. Statement of Rule

§ 475. Definition of Fellow Servant

§ 476. Fellow Servant Rule; Different Masters

§ 477. Fellow Servant Rule; Same Enterprise

§ 478. Fellow Servant Rule; Separate Departments

§ 479. Fellow Servant Rule; Difference in Rank

§ 480. Fellow Servant Rule; Different Services

§ 481. Fellow Servant Rule; Persons Compelled to Serve

§ 482. Fellow Servant Rule; Non­disclosure of Master or of Common Employment

§ 483. Fellow Servant Rule; Illegal Employment

§ 484. Fellow Servant Rule; Incapacity of Servant

§ 485. Fellow Servant Rule; Volunteer Assistants

§ 486. Fellow Servant Rule; Time and Place

§ 487. Fellow Servant Rule; Assaults

§ 488. Fellow Servant Rule; Belongings of Servants

§ 489. Fellow Servant Rule; Families of Servants

§ 490. Fellow Servant Rule; Third Persons Suffering Loss

§ 491. Fellow Servant Rule; Statutory Modifications

§ 492. General Rule

§ 493. Extent of Duty of Care

§ 494. Duty of Care to Children

§ 495. Knowledge Which Master is Required to Have

§ 496. Notice to Master of Dangerous Conditions

§ 497. Time When and Place Where Duty Exists

§ 498. Applicability of Tort Principles as to Risk and Causation

§ 499. Risks Inherent in Enterprise

§ 500. Transitory Dangers

§ 501. Structures or Instrumentalities Made by Master

§ 502. Structures, Instrumentalities, or Materia s Acquired from Others

§ 503. Maintenance, Inspection and Repair

§ 504. Harm Caused by Third Persons or upon Premises Not in Master’s Control

§ 505. Number and Quality of Servants

§ 506. General Plan of Work

§ 507. Duty to Provide Supervisors

§ 508. Duty to Make and Enforce Rules

§ 509. Liability for Improper Orders

§ 510. Duties to Instruct, Warn, and Give Suitable Work to Servant

§ 511. Liability for Harm from Forces of Nature

§ 512. Duty to Protect Endangered or Hurt Employee

§ 513. Liability to Servants Having Duty of Inspection

§ 514. Liability to Servants Completing Things

§ 515. Liability to Servants Manufacturing Their Own Instrumentalities

§ 516. Liability to Volunteer Assistants of Servants and to Servants of Independent Contractors

§ 517. Liability to Lent Servants

§ 518. Liability of Apparent Master and Undisclosed Master

§ 519. Liability of Master Required to Employ Servants from a Specified Class

§ 520. Statutory Duties

§ 521. Servant’s Assumption of Risk

§ 522. Assumption of Risk; Master Promises to Make Safe

§ 523. Assumption of Risk; Service Coerced

§ 524. Servant’s Assumption of Risks within Protection of Statutes

§ 525. Servant’s Contributory Negligence

§ 526. Servant’s Disobedience of Orders

§ 527. Illegal Employment

§ 528. Workmen’s Compensation Acts

COURT CITATIONS TO RESTATEMENT THIRD

§ 1.02 Parties’ Labeling and Popular Usage Not Controlling

§ 1.03 Manifestation

§ 1.04 Terminology

§ 2.01 Actual Authority

§ 2.02 Scope of Actual Authority

§ 2.03 Apparent Authority

§ 2.04 Respondeat Superior

§ 2.05 Estoppel to Deny Existence of Agency Relationship

§ 2.06 Liability of Undisclosed Principal

§ 2.07 Restitution of Benefit

CHAPTER 3 CREATION AND TERMINATION OF AUTHORITY AND AGENCY RELATIONSHIPS

§ 3.02 Formal Requirements

§ 3.03 Creation of Apparent Authority

§ 3.04 Capacity to Act as Principal

§ 3.05 Capacity to Act as Agent

§ 3.06 Termination of Actual Authority-In General

§ 3.07 Death, Cessation of Existence, and Suspension of Powers

§ 3.08 Loss of Capacity

§ 3.09 Termination by Agreement or by Occurrence of Changed Circumstances

§ 3.10 Manifestation Terminating Actual Authority

§ 3.11 Termination of Apparent Authority

§ 3.12 Power Given as Security; Irrevocable Proxy

§ 3.13 Termination of Power Given as Security or Irrevocable Proxy

§ 3.14 Agents with Multiple Principals

§ 3.15 Subagency

§ 3.16 Agent for Coprincipals

CHAPTER 4 RATIFICATION

§ 4.02 Effect of Ratification

§ 4.03 Acts That May Be Ratified

§ 4.04 Capacity to Ratify

§ 4.05 Timing of Ratification

§ 4.06 Knowledge Requisite to Ratification

§ 4.07 No Partial Ratification

§ 4.08 Estoppel to Deny Ratification

CHAPTER 5 NOTIFICATIONS AND NOTICE

§ 5.02 Notification Given by or to an Agent

§ 5.03 Imputation of Notice of Fact to Principal

§ 5.04 An Agent Who Acts Adversely to a Principal

CHAPTER 6 CONTRACTS AND OTHER TRANSACTIONS WITH THIRD PARTIES

§ 6.02 Agent for Unidentified Principal

§6.03 Agent for Undisclosed Principal

§ 6.04 Principal Does Not Exist or Lacks Capacity

§ 6.05 Contract That is Unauthorized in Part or That Combines Orders of Several Principals

§6.06 Setoff

§ 6.07 Settlement with Agent by Principal or Third Party

§ 6.08 Other Subsequent Dealings Between Third Party and Agent

§ 6.09 Effect of Judgment Against Agent or Principal

§6.10 Agent’s Implied Warranty of Authority

§6.11 Agent’s Representations

CHAPTER 7 TORTS-LIABILITY OF AGENT AND PRINCIPAL

§7.02 Duty to Principal; Duty to Third Party

§7.03 Principal’s Liability-In General

§7.04 Agent Acts with Actual Authority

§7.05 Principal’s Negligence in Conducting Activity Through Agent; Principal’s Special Relationship with…

§7.06 Failure in Performance of Principal’s Duty of Protection

§7.07 Employee Acting Within Scope of Employment

§7.08 Agent Acts with Apparent Authority

CHAPTER 8 DUTIES OF AGENT AND PRINCIPAL TO EACH OTHER

§ 8.02 Material Benefit Arising Out of Position

§ 8.03 Acting as or on Behalf of an Adverse Party

§ 8.04 Competition

§ 8.05 Use of Principal’s Property; Use of Confidential Information

§ 8.06 Principal’s Consent

§ 8.07 Duty Created by Contract

§ 8.08 Duties of Care, Competence, and Diligence

§ 8.09 Duty to Act Only Within Scope of Actual Authority and to Comply with Principal’s Lawful Instructions

§ 8.10 Duty of Good Conduct

§ 8.11 Duty to Provide Information

§ 8.12 Duties Regarding Principal’s Property-Segregation, Record-Keeping, and Accounting

§ 8.13 Duty Created by Contract

§ 8.14 Duty to Indemnify

§ 8.15 Principal’s Duty to Deal Fairly and in Good Faith

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