Question

Difficulty: MediumLaw of Agency: Creation, Authority, and Types of Agents

In commercial law, agency relationships create distinct rights, obligations, and legal boundaries. Match each commercial scenario described below with the corresponding type of agency creation, authority, or agent classification it illustrates.

  • A ship master sells perishable goods at a reduced price during a maritime emergency after failing to reach the cargo owner.Agency by necessity
  • A principal appoints a manager for a commercial store, allowing them to buy stock according to standard trade practices even without written authorization for every purchase.Implied authority
  • A mercantile agent agrees to sell agricultural produce on behalf of a seller and guarantees to pay the seller even if the ultimate buyer defaults.Del credere agency
  • An individual grants an attorney unrestricted legal power to execute any lawful business transaction on their behalf without limitation.Universal agent

Answer

The correct pairings match each scenario to its legal concept: the ship master scenario illustrates agency by necessity; the store manager purchasing stock illustrates implied authority; the agent guaranteeing buyer payment illustrates del credere agency; and the attorney given unrestricted power illustrates a universal agent.
Each scenario corresponds to a foundational principle of agency: emergency preservation of property corresponds to agency by necessity; standard operational purchasing authority corresponds to implied authority; assuming financial liability for buyer default corresponds to del credere agency; and delegating total legal power corresponds to a universal agent.

Step-by-Step Solution

1
Analyze the emergency sale of cargo
Identified as agency by necessity because there was a real commercial emergency, impossible communication, and action taken in good faith to preserve goods.
The law creates agency by necessity to protect property owners during emergencies when prior instructions cannot be obtained.
2
Analyze the store manager's routine purchasing power
Identified as implied authority based on customary trade practice associated with managerial roles.
Implied authority automatically accompanies express appointments to enable normal operational activities.
3
Analyze the agent guaranteeing payment against buyer default
Identified as del credere agency.
Del credere agents take on secondary financial liability for buyer default in exchange for an extra commission.
4
Analyze the unrestricted legal appointment
Identified as a universal agent.
Unlike special or general agents, universal agents have unlimited authority over all legal acts of the principal.

Key Concept

Law of Agency: Creation, Authority, and Types of Agents
Estimated Time:1m 30s
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