How do you prove agency relationship and legal concept of agency?

California Civil Code Agency Sections 2295-2300, 2304-2326, 2330-2339, 2342-2345, 2349-2351


Civil Code 2295. An agent is one who represents another, called the principal, in dealings with third persons. Such representation is called agency.

Civil Code 2296. Any person having capacity to contract may appoint an agent, and any person may be an agent.

Civil Code 2297. An agent for a particular act or transaction is called a special agent. All others are general agents.

Civil Code 2298. An agency is either actual or ostensible.

Civil Code 2299. An agency is actual when the agent is really employed by the principal.

Civil Code 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 really employed by him.

Civil Code 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.

Civil Code 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 intention clearly appears.

Civil Code 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 fraud upon the principal.

Civil Code 2307. An agency may be created, and an authority may be conferred, by a precedent authorization or a subsequent ratification.

Civil Code 2308. A consideration is not necessary to make an authority, whether precedent or subsequent, binding upon the principal.

Civil Code 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 instrument in writing.

Civil Code 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 authorization would suffice, by accepting or retaining the benefit of the act, with notice thereof.

Civil Code 2311. Ratification of part of an indivisible transaction is a ratification of the whole.

Civil Code 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.

Civil Code 2313. No unauthorized act can be made valid, retroactively, to the prejudice of third persons, without their consent.

Civil Code 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 transaction ratified, but not otherwise.

Civil Code 2315. An agent has such authority as the principal, actually or ostensibly, confers upon him.

Civil Code 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 himself to possess.

Civil Code 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.

Civil Code 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 ostensibly, except as to persons who have actual or constructive notice of the restriction upon his authority.

Civil Code 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. To make a representation respecting any matter of fact, not including the terms of his authority, but upon which his right to use his authority depends, and the truth of which cannot be determined by the use of reasonable diligence on the part of the person to whom the representation is made.


Civil Code 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 should do so, and there is not time to communicate with the principal.


Civil Code 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.


Civil Code 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 the usual course of business to do so.

(b) Define the scope of the agency.

(c) Violate a duty to which a trustee is subject under Section 16002, 16004, 16005, or 16009 of the Probate Code.


Civil Code 2323. An authority to sell personal property includes authority to warrant the title of the principal, and the quality and quantity of the property.


Civil Code 2324. An authority to sell and convey real property includes authority to give the usual convenants of warranty.


Civil Code 2325. A general agent to sell, who is entrusted by the principal with the possession of the thing sold, has authority to receive the price.


Civil Code 2326. A special agent to sell has authority to receive the price on delivery of the thing sold, but not afterward.


Civil Code 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 accrue to the agent from transactions within such limit, if they had been entered into on his own account, accrue to the principal.


Civil Code 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.


Civil Code 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 ordinary care and diligence, to communicate to the other.


Civil Code 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 unauthorized.


Civil Code 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 care, incurred a liability or parted with value, upon the faith thereof.


Civil Code 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 in good faith, before receiving notice of the creditor’s election to hold him responsible.


Civil Code 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 principal arising out of the same, all claims which he might have set off against the agent before notice of the agency.


Civil Code 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 instrument itself.


Civil Code 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 in the transaction of the business of the agency, including wrongful acts committed by such agent in and as a part of the transaction of such business, and for his willful omission to fulfill the obligations of the principal.


Civil Code 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 though they are committed while the agent is engaged in his service.


Civil Code 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.


Civil Code 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 in no others:

1. When, with his consent, credit is given to him personally in a transaction;

2. When he enters into a written contract in the name of his principal, without believing, in good faith, that he has authority to do so; or,

3. When his acts are wrongful in their nature.


Civil Code 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 person, or so much of it as he has under his control at the time of demand, on being indemnified for any advance which he has made to his principal, in good faith, on account of the same; and is responsible therefor, if, after notice from the owner, he delivers it to his principal.


Civil Code 2345. The provisions of this Article are subject to the provisions of Part I, Division First, of this Code.


Civil Code 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. When the act to be done is purely mechanical;

2. When it is such as the agent cannot himself, and the sub-agent can lawfully perform;

3. When it is the usage of the place to delegate such powers; or,

4. When such delegation is specially authorized by the principal.


Civil Code 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 the latter.


Civil Code 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 for the acts of the sub-agent.

Brad Nakase, Attorney



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