AGENT
Dictionary of Science, Literature and Art · 1842 · p. 1
In Law, is a person authorised to do some act or acts in the name of another, who is called his principal. An agent may, in general, be appointed by bare words, or his appointment will be inferred from circumstances; but, for some purposes specified by the statute of frauds, his appointment must be in writing. The agent of a corporation must, in general, be appointed by deed. If an agent has engaged to perform certain duties for a consideration, the performance may be enforced in law. But against an unremunerated agent, the principal can onlv recover damages for misconduct in the performance, and cannot compel him to proceed. With respect to the dealings of third parties with an agent, some general rules of law are, that the extent of an agent's authority is, as between his principal and third parties, to be measured by the extent of his usual employment; that the representation of an agent about the subject-matter of a contract which he is negotiating for his principal, will, if made during the course of the negotiation, bind the latter; that payment to an agent, in the course of his employment, is payrnent to the principal; that the principal is, under many circumstances, responsible in civil actions for the negligence or fraud of his agent, but not criminally liable for his acts, unle done under an expre command. Agent. In Diplomacy, a general name, comprising several ranks: — as, 1. Amba adors. 2. Envoys extraordinary and ministers plenipotentiary. 3. Ministers resident. 4. Charges d'affaires. 5. Secretaries of legation, . In common language, however, the highest officer employed by one power at the court of another, is usually termed the agent of that power at the court in question. LSee Diplomacy.) [s. 35]
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