Practice Areas

Agency

Agency law involves commercial transactions and litigation issues involving agents, principals, and third parties. Issues involving an agent of a company may involve what authority the agent has to bind the principal, proper termination of the agent, withholding of payments, agent’s hostile words to a client or other third party (i.e slander or libel) and ratification of an agent’s conduct and actions (ie. Contractual negotiations). Generally, the principal is responsible for an agent’s actions, however agency law provides for particular exceptions that can protect a principal and company from an agent’s unauthorized actions. Gilbert & Caddy represents agents, principals, and third-parties in all areas of agency law, including:

  • Principal Liability for Agent’s Actions
  • Agent Liability for Principal’s Actions
  • Agent and/or Principal Liability to Third-Parties
  • Third-Party Remedies Against Agent and/or Principal
  • Defenses Relating to Any Agency Relationship Between Agents, Principals, and Third-Parties

Our firm can also custom make contracts for your company so as toseverely limit your liability for unauthorized agent activity.

Agent Authority and Principal Liability: Depending on the relationship between the agent and principal, the agent and third-party, or principal and third-party, your company may be responsible for your agent’s actions. In fact, there are situations where a principal never granted an agent any authority whatsoever, however if that agent demonstrates or displays that he/she is acting on behalf of your company to a third-party, you may still be responsible for their actions and obligated to perform pursuant to the terms of whatever agreement your agent entered into with the third-party. Gilbert & Caddy will explain to you what your legal obligations may be as a result of your agents actions, including whether or not any authorization exists, defenses, exceptions, or remedies you may have against any third-party or your agent. Our firm will carefully walk you through the intricacies of agency law as it relates to your case, questions, or concerns so you can weigh your options and make the best financial and legal choice that is in your best interest.