agent
n. A person appointed by another (the principal) to act on his behalf, often to negotiate a contract between the principal and a third party. If an agent discloses his principal’s name (or at least the existence of a principal) to the third party with whom he is dealing, the agent himself is not normally entitled to the benefit of, or liable on, the contract. An undisclosed principal is one whose existence is not revealed by the agent to a third party; he may still be entitled to the benefit of, and be liable on, the contract, but in such cases the agent is also entitled and liable. However, an undisclosed principal may not be entitled to the benefit of a contract if the agency is inconsistent with the terms of the contract or if the third party shows that he wished to contract with the agent personally.

A general agent is one who has authority to act for his principal in all his business of a particular kind, or who acts for the principal in the course of his (the agent’s) usual business or profession. A special agent is authorized to act only for a special purpose that is not in the ordinary course of the agent’s business or profession. The principal of a general agent is bound by acts of the agent that are incidental to the ordinary conduct of the agent’s business or the effective performance of his duties, even if the principal has imposed limitations on the agent’s authority. However, in the case of a special agent, the principal is not bound by acts that are not within the authority conferred. In either case, the principal may ratify an unauthorized contract. An agent for the sale of goods sometimes agrees to protect his principal against the risk of the buyer’s insolvency. He does this by undertaking liability for the unjustifiable failure of the third-party buyer to pay the price of the goods. Such an agent is called a del credere agent. A commercial agent that sells goods is protected by the Commercial Agents (Council Directive) Regulations 1993, with rights to a compensation or indemnity payment in some circumstances of termination of the agency or death of the agent. See also commercial agent; mercantile agent.

• actual military service
• actual notice
• actual total loss
• actus non facit reum nisi mens sit rea
• actus reus
• ad colligenda bona
• additional voluntary contribution
• address for service
• adduce
• ademption
• adhesion contract
• ad hoc
• ad idem
• ADIZ
• adjective law
• adjournment
• adjudication
• adjudication order
• adjustment
• ad litem
• administration
• administration action
• administration bond
• administration of poison
• administration order