A is for Agency
Wednesday, December 22nd, 2010My first bar exam review topic? What else, but agency law. Section 1, subparagraph A of my outline says, “Agency is a consensual fiduciary relationship where one person, the agent, agrees to act for and under the direction or control of another, the principal.” The outline authors cite to me the Restatement (Second) of Agency sec. 1.
Abstract, clinical, and pointless sounding definitions like this are, of course, why I did so well in law school. For some reason my brain latches onto this stuff. I’m good at it. But I also understand that the outline authors miss the most important point when they start off like this–the point that makes the study interesting to everyone else: who cares?
And the answer to that question is actually interesting because, usually, somebody is going to be accusing someone of being an agent when they did something bad. For example, a real estate agent who botched a transaction, or a guy driving a company truck backed into your Mercedes. Suddenly, that abstract issue can have real life implications.



