AGENCY Can the agent question the

December 2 2019 – Monday revocation?

Agency is a fiduciary relationship
where absolute trust is necessary,
WWW – AMORES ZOSA

RECITS – ZOSA DE LOS ANGELES Can you sell the property?

TAGALOGUIN GAVIOLA LIGUTOM
NEGADO Note: Nobody can represent the
deceased.
Where the brothers co-owners?
They were not co-owners. Exceptions:
(1) Mutual benefit
If they were co-owners? (2) Stipulation pour atrui
They will be held solidarily liable
because the third requisite will then be
complied. But there

Rules on Double Sale Can resignation of the principal

What happens to the buyer if the sale extinguish agency? No
is not recognized?
Buyer will be indeminifed by way of How about civil interdiction?
damages
Insanity?
If agent acted in good faith – Personality as a principal is
principal is laible to the buyer who is extinguished as well
rejected

If agent acted in bad faith – agent WITHDRAWAL

is solely liable to the buyer who
rejected
How is agency extinguished?
EDWARD
(1) By the expiration of the period
stated in the contract
(2) By the death, civil interdiction,
insanity or insolvency of the
agent or the principal
(3) By the withdrawal of the agent
(4) By the accomplishment of the
object of the agency
(5) Xxx
Situation. Agent offered to withdraw
the agency. Can it be done?
Yes.
Your agent lent 50K to the principal.
Principal told you to sell car for 100K
and said that you could keep the 50K.
Normally, what will happen?
Agent is obliged to remit the whole
100K but in this case, there is a
stipulation that the agent can retain
the 50K.

If you were given 6 months to sell the
property of your principal, may the
principal may revoke the agency
before the 6 month period?
General Rule: Yes
Exception: (FAB)
(1) Xxx
However, before you could sell the
property, the agent wanted to revoke.
Can the agent withdraw?
Yes. Agent can withdraw provided
there is due notice to the principal.
Reason: Prohibition against voluntary
servitude, and agency is based on
trust
If he withdraws without just cause – Death of one of the principals
liable to principal UNLESS Not revocation of the entire agency.
Death of one principal does not
If he withdraw with just cause – not necessarily extinguish the entire
liable agency because there are still other
survivors remaining BUT revocation by
REVOCATION a PRINCIPAL revokes the entire
General Rule agency.
Express
Implied Revocation of one principal is the
(1) Xxx revocation of all principals.

Death of one principal does not imply

Illustrate implied revocation. the death of all. It will depend on the
intention.
Situation. Agent authorized to sell a
parcel of land of the principal. At Death of all principals will extinguish
midnight, was able to sell it. When he the entire agency.
woke up next morning, he received a
text message to inform Ligutom that
the agent is revoked.

Generally, agency is revocable.

Exceptions: Instances of irrevocability
FAB
(1) Fulfillment of an obligation
(2) Bilateral contract depends upon
it
(3) Partner appointed as
manageing partner by articles
of partnership and unjustifiable
removed
(4) Mutual benefit
(5) Interest as to third persons –
stipulation pour atrui

If the principal revokes the agency

under these exceptions?
Principal will be liable for damages

Illustrate.

Xxx Provided that the 3rd party relied

and agreed to such stipulation – 3 rd
party accepted

Revocation by one of the many

principals – act of the revocation of the
entire agency

Revocation by one is revocation by all.