Maplesg

Agency:
Duty to follow instructions of principle
Duty to act personally and not to delegate
Duty to be good faith to avoid conflict interest
Duty to care and skill
Duty to keep and render proper accounts
Right to commissions
Right to be indemnified for losses, damages, and expenses necessarily incurred.
Right to lien to enforce the security of payment

Maplesg

Ratification takes place when the principal adopts, accepts, or confirm a previously unauthorized contract made on his behalf. Granting the authority retrospectively.
4 conditions for ratification
The principle must be indentified and the agent must be expressly acting on his behalf
The principle must have contractual capacity
The principle must be ware of all material facts
The principle must ratify the whole contract and do so within a reasonable time.

Maplesg

Agent & third party
General rule: the agent would not be liable to the third party if he had acted within his actual or apparent authority, or where the principal had ratified the agent's unauthorized act.
4 exceptions:
The agent accepts liability
The agent is made liable by virtue of trade costom or usage
There was a breach by the agent of his warranty of authority and is being sued by the third party
The third party elects to sue the agent in a undisclosed principle situation.

子规

你好，请问你的电水壶和宣笔还在卖吗？

Maplesg

Different between malicious falsehood and defamation:
Malicious falsehood must be a false statement, need not to be about plaintiff's character. Defamation must be about plaintiff's reputation and character.
Malicious faleshood must prove malice. Defamation dose generally not require malice.
Malicious falsehood must prove actual damage suffered. Defamation is awarded without need to prove actual damage.

Maplesg

喵的今天终于考完了

Maplesg

What a fine day today.

Maplesg

忙里偷闲再顶顶

Maplesg

自拍神器卡西欧TR150，3500RMB直运大陆有意向速度联系

Maplesg

Emotionally unavailable