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A. AGENCY BY AGREEMENT Normally, an agency must be based on an agreement that the agent will act for the principal.

Such an agreement can be an express written contract or can be implied by conduct. B. AGENCY BY RATIFICATION A person who is not an agent (or who is an agent acting outside the scope of his or her authority) may make a contract on behalf of another (a principal). If the principal approves or affirms that contract by word or by action, an agency relationship is created by ratification. C. AGENCY BY ESTOPPEL 1. The Principals Actions When a principal causes a third person to believe that another person is his or her agent, and the third person deals with the supposed agent, the principal is estopped to deny the agency relationship. 2. The Third Partys Reasonable Belief The third person must prove that he or she reasonably believed that an agency relationship existed and that the agent had authoritythat an ordinary, prudent person familiar with business practice and custom would have been justified in concluding that the agent had authority.

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