TITLE 9. AGENCY [2295. - 2400.]

Title 9 enacted 1872.

§§ 2295–2400 · 55 sections

1. CHAPTER 1. Agency in General §§ 2295–2357 · 49 sections

   1. ARTICLE 1. Definition of Agency §§ 2295–2300 · 6 sections

      • § 2295 An agent is one who represents another, called the principal, in dealings with third persons. Such representation is called agency.
      • § 2296 Any person having capacity to contract may appoint an agent, and any person may be an agent.
      • § 2297 An agent for a particular act or transaction is called a special agent. All others are general agents.
      • § 2298 An agency is either actual or ostensible.
      • § 2299 An agency is actual when the agent is really employed by the principal.
      • § 2300 An agency is ostensible when the principal intentionally, or by want of ordinary care, causes a third person to believe another to be his agent who is not…
   2. ARTICLE 2. Authority of Agents §§ 2304–2326 · 23 sections

      • § 2304 An agent may be authorized to do any acts which his principal might do, except those to which the latter is bound to give his personal attention.
      • § 2305 Every act which, according to this Code, may be done by or to any person, may be done by or to the agent of such person for that purpose, unless a contrary…
      • § 2306 An agent can never have authority, either actual or ostensible, to do an act which is, and is known or suspected by the person with whom he deals, to be a…
      • § 2307 An agency may be created, and an authority may be conferred, by a precedent authorization or a subsequent ratification.
      • § 2308 A consideration is not necessary to make an authority, whether precedent or subsequent, binding upon the principal.
      • § 2309 An oral authorization is sufficient for any purpose, except that an authority to enter into a contract required by law to be in writing can only be given by an…
      • § 2310 A ratification can be made only in the manner that would have been necessary to confer an original authority for the act ratified, or where an oral…
      • § 2311 Ratification of part of an indivisible transaction is a ratification of the whole.
      • § 2312 A ratification is not valid unless, at the time of ratifying the act done, the principal has power to confer authority for such an act.
      • § 2313 No unauthorized act can be made valid, retroactively, to the prejudice of third persons, without their consent.
      • § 2314 A ratification may be rescinded when made without such consent as is required in a contract, or with an imperfect knowledge of the material facts of the…
      • § 2315 An agent has such authority as the principal, actually or ostensibly, confers upon him.
      • § 2316 Actual authority is such as a principal intentionally confers upon the agent, or intentionally, or by want of ordinary care, allows the agent to believe…
      • § 2317 Ostensible authority is such as a principal, intentionally or by want of ordinary care, causes or allows a third person to believe the agent to possess.
      • § 2318 Every agent has actually such authority as is defined by this Title, unless specially deprived thereof by his principal, and has even then such authority…
      • § 2319 An agent has authority: 1. To do everything necessary or proper and usual, in the ordinary course of business, for effecting the purpose of his agency; and, 2.…
      • § 2320 An agent has power to disobey instructions in dealing with the subject of the agency, in cases where it is clearly for the interest of his principal that he…
      • § 2321 When an authority is given partly in general and partly in specific terms, the general authority gives no higher powers than those specifically mentioned.
      • § 2322 An authority expressed in general terms, however broad, does not authorize an agent to do any of the following: (a) Act in the agent’s own name, unless it is…
      • § 2323 An authority to sell personal property includes authority to warrant the title of the principal, and the quality and quantity of the property.
      • § 2324 An authority to sell and convey real property includes authority to give the usual convenants of warranty.
      • § 2325 A general agent to sell, who is intrusted by the principal with the possession of the thing sold, has authority to receive the price.
      • § 2326 A special agent to sell has authority to receive the price on delivery of the thing sold, but not afterwards.
   3. ARTICLE 3. Mutual Obligations of Principals and Third Persons §§ 2330–2339 · 10 sections

      • § 2330 An agent represents his principal for all purposes within the scope of his actual or ostensible authority, and all the rights and liabilities which would…
      • § 2331 A principal is bound by an incomplete execution of an authority, when it is consistent with the whole purpose and scope thereof, but not otherwise.
      • § 2332 As against a principal, both principal and agent are deemed to have notice of whatever either has notice of, and ought, in good faith and the exercise of…
      • § 2333 When an agent exceeds his authority, his principal is bound by his authorized acts so far only as they can be plainly separated from those which are…
      • § 2334 A principal is bound by acts of his agent, under a merely ostensible authority, to those persons only who have in good faith, and without want of ordinary…
      • § 2335 If exclusive credit is given to an agent by the person dealing with him, his principal is exonerated by payment or other satisfaction made by him to his agent…
      • § 2336 One who deals with an agent without knowing or having reason to believe that the agent acts as such in the transaction, may set off against any claim of the…
      • § 2337 An instrument within the scope of his authority by which an agent intends to bind his principal, does bind him if such intent is plainly inferable from the…
      • § 2338 Unless required by or under the authority of law to employ that particular agent, a principal is responsible to third persons for the negligence of his agent…
      • § 2339 A principal is responsible for no other wrongs committed by his agent than those mentioned in the last section, unless he has authorized or ratified them, even…
   4. ARTICLE 4. Obligations of Agents to Third Persons §§ 2342–2345 · 4 sections

      • § 2342 One who assumes to act as an agent thereby warrants, to all who deal with him in that capacity, that he has the authority which he assumes.
      • § 2343 One who assumes to act as an agent is responsible to third persons as a principal for his acts in the course of his agency, in any of the following cases, and…
      • § 2344 If an agent receives anything for the benefit of his principal, to the possession of which another person is entitled, he must, on demand, surrender it to such…
      • § 2345 The provisions of this Article are subject to the provisions of Part I, Division First, of this Code.
   5. ARTICLE 5. Delegation of Agency §§ 2349–2351 · 3 sections

      • § 2349 An agent, unless specially forbidden by his principal to do so, can delegate his powers to another person in any of the following cases, and in no others: 1.…
      • § 2350 If an agent employs a sub-agent without authority, the former is a principal and the latter his agent, and the principal of the former has no connection with…
      • § 2351 A sub-agent, lawfully appointed, represents the principal in like manner with the original agent; and the original agent is not responsible to third persons…
   6. ARTICLE 6. Termination of Agency §§ 2355–2357 · 3 sections

      • § 2355 An agency is terminated, as to every person having notice thereof, by any of the following: (a) The expiration of its term. (b) The extinction of its subject.…
      • § 2356 (a) Unless the power of an agent is coupled with an interest in the subject of the agency, it is terminated by any of the following: (1) Its revocation by the…
      • § 2357 For the purposes of subdivision (b) of Section 2356, in the case of a principal who is an absentee as defined in Section 1403 of the Probate Code, a person…
2. CHAPTER 2. Particular Agencies §§ 2362–2400 · 6 sections

   1. ARTICLE 1. Auctioneers §§ 2362–2363 · 2 sections

      • § 2362 An auctioneer, in the absence of special authorization or usage to the contrary, has authority from the seller, only as follows: 1. To sell by public auction…
      • § 2363 An auctioneer has authority from a bidder at the auction, as well as from the seller, to bind both by a memorandum of the contract, as prescribed in the Title…
   2. ARTICLE 2. Factors §§ 2367–2369 · 3 sections

      • § 2367 A factor is an agent, as defined by Section 2026.
      • § 2368 In addition to the authority of agents in general, a factor has actual authority from his principal, unless specially restricted: 1. To insure property…
      • § 2369 A factor has ostensible authority to deal with the property of his principal as his own, in transactions with persons not having notice of the actual ownership.
   3. ARTICLE 3. Powers of Attorney Under Probate Code § 2400 · 1 section

      • § 2400 Powers of attorney are governed by the Power of Attorney Law (Division 4.5 (commencing with Section 4000) of the Probate Code) to the extent provided in that…