Agency law

“ When an agency foresees the possibility of a conflict between State law and Federally protected interests within its area of regulatory responsibility, the agency shall consult, to the extent practicable, with appropriate State and local officials in an effort to avoid such a conflict. ”

“ The law of agency is not different when applied to the acts of agents of municipal bodies, in a matter so serious and delicate as the contracting of a public debt, and when applied to the acts of agents of private individuals. ”

“ If these representatives were properly instructed in their duties and faithful in discharging them, there was, of course, no reason why the will of the person who had appointed them was not as fully accomplished as if he had performed the act himself. The Latin maxim, "Qui facit per alium facit per se," that is, "He who acts through another, acts himself," is the basis of the law of agency. The growing importance of the law of agency is strikingly apparent in one branch of modern business. ”

“ The demands not only of orderly procedure but of due procedure as the means of achieving justice according to law require that when a case is brought here for review of administrative action, all the rulings of the agency upon which the party seeks reversal, and which are then available to him, be presented. Otherwise we would be promoting the 'sporting theory' of justice, at the potential cost of substantial expenditures of agency time. ”

“ Where relevant, feasible, and consistent with regulatory objectives, and to the extent permitted by law, each agency shall identify and consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public. These approaches include warnings, appropriate default rules, and disclosure requirements as well as provision of information to the public in a form that is clear and intelligible. ”

“ The proposition, hence, applies to the prohibitions of the Amendment the law of principal and agent governing contracts between individuals, and consequently assumes that no act done by an officer of a state is within the reach of the Amendment unless such act can be held to be the act of the state by the application of such law of agency. ”

“ There are four methods by which the relationship of agency arises: (1) By contract; (2) by ratification; (3) by estoppel; (4) by necessity.
WHO IS OR MAY BE AN AGENT.—The law of agency, as between principal and agent, is simply an application of the general law of contracts, but as between third parties and the principal, or agent, new questions arise. The first question is, who is an agent and who is a principal? Any employer is a principal and any employee is an agent. The employer is a principal whether he employs the employee for a single act or whether he employs him for a period of time. ”

“ Not until we have an agency of this type assisting in law making, not until the making of laws is recognized as a distinct and important governmental function, co-ordinate with, if not superior to the judicial function, not until each state has a bureau which will, as the Honorable James Bryce says, supply the legislators with the amplest material and enable them to apply the best methods, can we hope to have laws which in the highest sense "stand the test." ”

“ The principal will be able, it is true, even in such a case, to revoke the power, but he will commit a breach of contract if he does.
AGENCY BY RATIFICATION.—Where the assent of the principal to the act of the agent is given after the act is performed, it is in the nature of a ratification of the act, and is intended to clothe the act with the same qualities as if there had been a previous authority or appointment. Suppose, for example, A and B are acquaintances. Both are wealthy. A is a good judge of horses and knows B likes good horses. ”

“ Heads of agencies shall, as soon as practicable and as appropriate and consistent with applicable law, consider whether to take any additional agency actions to more fully enforce the policy set forth in section 1 of this order. ”

“ The principal is entitled to demand that the agent, unless the contrary is agreed, shall make the employment or agency his sole interest in regard to that particular thing. Of course, in many agencies the agent is undertaking a great deal of outside business besides the particular agency in question, and he has a right so to do so long as the principal has not engaged his whole time, and so long as one agency does not interfere with another. ”

“ The general principles of contract law as we have discussed them are applicable to this method of forming the agency relationship.
POWERS OF ATTORNEY.—In connection with the formation of agency by contract, special attention must be given to powers of attorney. A power of attorney must oftentimes be given in order to convince third persons that the agent really is an agent, with the powers which he claims to possess. A power of attorney is nothing more than a written statement that a particular person is the agent of another person, with the powers stated in the document. ”

“ An agency may end at a fixed time, or when the particular object for creating it has been accomplished, or by agreement of the parties. In many cases an agency is created for an indefinite period, and in these either party can terminate it whenever he desires. There are some limitations to this principle. ”

“ That is why a power of attorney is generally given; not that the law requires it, but that the agent may have evidence of his agency which will satisfy third persons that he is really the agent. A corporation would not transfer stock without a written power presented to it ”

“ Lawmaking, administration and adjudication cannot be rigidly fenced off one from the other and turned over each to a separate agency as its exclusive field. There is rather a division of labor as to typical cases and a practical or historical apportionment of the rest. ”

“ In appointing an agent the principal has in mind the qualifications of the person appointed, he cannot therefore without his principal's consent, designate or substitute another person for himself. This rule though does not prevent him from employing other persons for a minor service. Indeed, in many cases a general agency requires the employment of many persons to execute the business. How far one may go in thus employing others to execute the details, and how much ought to be done by the general agent himself, depends on the nature of the business. ”

“ Although the Constitution contains no formal bill of rights, traditional Swedish respect for individual rights and liberty is given effective expression in ordinary law and practice. The Constitution guarantees due process of law, the protection of private property, the inviolability of the home, and freedom of conscience and religion. The right of petition and freedom of speech and organization are not explicitly defined in the fundamental laws or in single pieces of legislation, but these principles are consistently observed in practice. ”

“ A thorough review of security practices and a purge of personnel in the upper echelons of the security apparatus in 1971 served a dual purpose: to weed out those persons with lingering loyalties to Moczar, and to change that image of the security forces so that public cooperation would be enlisted in the maintenance of law and order. The major tool in this public relations campaign has been a balanced, relatively sophisticated, and moderate approach to what might be called "police-community" relations. ”

“ The Danish society tends to be stable; the populace, law-abiding. The small police force is efficient, impartial, and generally adequate in numbers. The courts dispense equal justice. Both the courts and the police enjoy broad public respect and support. Over the years the police system has been modernized in structure and operating procedure.
Although Denmark enjoys considerable local self-government, the Danish police are organized as a state force, with control from the national rather than the local level. Until 1911 the police operated strictly at the local level. ”

“ So he may have a general agent to buy cotton in one neighborhood, and another general agent to buy cotton in another neighborhood. The distinction between the two kinds of agencies is that the one is created by power given to do acts of a class, and the other by power given to do individual acts only. Whether, therefore, an agency is general or special is wholly independent of the question whether the power to act within the scope of the authority given is unrestricted, or whether it is restrained by instructions or conditions imposed by the principal relative to the mode of its exercise. ”

“ Gradually, as the power of the security appratus over the courts declined and then virtually disappeared with events of October 1956, the legal profession regained much of its prewar prestige and its role within the courts. In the late 1950s lawyers were in the forefront of resistance to the gradual but systematic reassertion by the regime - this time the party and not the police - of power over the judicial system. In many cases, the legal profession's opposition to retrogressive measures in both law and procedure proposed after 1960 delayed their implementation. ”

“ These laymen deliberate on questions of law as well as evidence and can, by unanimous vote, overrule the judges. The principal official in the local lower court system is the president or chief magistrate, who is assisted by a number of other judges and judicial trainees. Minor cases may be heard by a single judge, whereas a panel of seven to nine judges hears the most serious cases. A decision requires a majority vote of the judges or, in the event of a tie, the decision of the one presiding judge prevails. ”

“ Only a few groups prefer that their interests not be entrusted to a particular party. One outstanding example, the Danish Women Citizens' Society, was founded in 1871 to gain through its own pressure activity "social and legal equality for the Danish women." Having secured voting, employment, education, and marital rights over the years with relative ease, the society continues to function principally as a watchdog pressure group to see that the law is observed. In 1964 the society rejected a proposal that it transform itself into a political party. ”

“ The centrally controlled police system is fully adequate to the needs of the small country and enjoys respect and confidence of the generally well-ordered and law-abiding population. A special section of the police, the State Police Intelligence Service, maintains internal security. Careful not to infringe on the liberties of the sensitive Danes, it keeps close watch on the very few potential subversives. ”

“ B. Penal System The Swedes share with their Scandinavian neighbors the most enlightened penal system in the world. In the post-World War II period there has been a strong movement for uniformity in criminal law and in prison systems throughout the Nordic area.
Confined persons in Sweden may not only receive visits from relatives and friends but are given frequent furloughs to visit their homes. Long-term inmates are sometimes afforded the opportunity of spending several days during the summer with their spouses in pleasant accommodations rented from the state at cost by the spouse. ”

“ Foreign policy formulation in Sweden is the responsibility of the cabinet in general and of the Minister of Foreign Affairs in particular. The minister is obliged by law to consult with the Foreign Relations Council of the Riksdag, which is composed of the Foreign Affairs Committee of the Riksdag, the Prime Minister, the Foreign Minister, and the King, who presides. The council meets approximately six times a year or when a serious foreign policy issue requires an extraordinary session, and meetings are always held in camera. ”

“ Not all agencies issue comprehensive regulations, however. Some establish policy on a case-by-case basis, whether through adjudicatory proceedings or through administration of agency programs. Others promulgate regulations on some topics, but not on others. In addition, an agency may rely on internal guidelines rather than on published regulations. In any event, it will most often be true that the general aims and policies of the controlling statute will be evident from its text. ”

“ On this interpretation a rule is laid down to determine under what circumstances a community, state, or nation has the right to institute its own government. Its rights are to be determined by the principles of agency. Agencies among individuals are of several kinds, express and implied, voluntary and involuntary. There may be co-agencies, in which the performance of one general agency is distributed among several agents. ”

“ Administration is more than a means of regulation; administration is regulation. We have been concerned with conflict in its broadest sense; conflict with a complex and interrelated federal scheme of law, remedy, and administration. Thus, judicial concern has necessarily focused on the nature of the activities which the States have sought to regulate, rather than on the method of regulation adopted. ”

“ The military leaders in Lagos responded to continuing northern resistance today with another uncompromising statement of intention to run the country in their own way. They threatened to impose martial law in any areas where violence breaks out again. All army personnel have been alerted and those on leave recalled.
This bold front is unlikely to intimidate northern leaders who are determined to resist centralized control from Lagos. It remains to be seen whether the military government will risk a mutiny by northerners in the army by using regular troops against northern rioters.
4. Congo
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“ It establishes that of all the class of agencies, public or private, whether acting as officers whose powers are created by statute or by other corporations or by individuals, and whether the subject-matter relates to duties imposed by the nation, or the State, or by private corporations, or by individuals, on this one class of agents, and in regard to the exercise of this one class of powers alone, must full, absolute, and uncontrollable authority be conferred on them, or none. ”