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Distinction between Agency Loan Lease Service Independent Contract Partnership

No agency resultsAdvanced money toanother is expresslyregarded as money lent.

Not agent of the lender its theprincipal

Borrows money toconduct a business inwhich the lender has nointerest or concern in themanner of its conduct isnot an agent of thelender but the financingof operations.

A fund given to advance lattersbusiness.

Given money forpurposes of his own andhe must return itwhether or not hisbusiness is successful.

When the checks deposited tothe banks

natures of relationshipcreated

When the bank collect from thedrawees of the checks

After the checksconverted into cash, the

creditor and debtorrelationship createdbetween the depositorsof the bank.

Deposits money with a bankinstructions apply satisfaction of the debt of third person

Debtor and creditorrelationship between thebank and the depositor iscreated

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On the part of bank to pay thedebt

Revocable at the will of the depositor

Representation Employment

Agent exercisess discretionarypowers

Lessor ordinarilyperforms only ministerial

functionsThree (3) persons are involved:principal, agent and the thirdperson with whom the agentcontracts

Two persons areinvolved: lessor andlessee

Relates to commercial orbusiness transactions

Relates more to thematters of mere manualor mechanical execution

Represents his principalEmployed by theemployer

Acts under the principal's controland instruction

Acts according to his ownmethod

Principal is liable for tortscommitted by the agent withinthe scope of his authority

Employer not liable fortorts committed by theindependent contractor.

An agent must submit to the

principal's right to control

A co-partner is notsubject to co-partner's

right to control, unlessthere is an agreement tothat effect.

The agent assumes no personalliability where he acts within thescope of his authority

The partner binds notonly the firm membersbut himself as well.

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The agent takes his agreed shareof profits not as owner but as anagreed measure of compensation for his services.

The profits belong to allthe partners as commonproprietors in agreedproportions.

Representation is expresslyconferred

Agent acts according to theexpress will of the principal

Contract

Engaged in the purchase or salefor another of personal property.

Agent receives a commissionupon the successful conclusionof a transaction such as sale.

Agent receives the goods as theprincipal's goodsAgent delivers the proceeds of the saleAgent can return the object incase he is unable to sell the sameto a third person

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Power to bind the agent in

personal liability of the principal

Loyalty or obedience of theagent to the principal

Agent represents a capacitatedperson

In agency, where the principalentrusted the sale of a propertyto the agent and with authorityto sell

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Agent is appointed by theprincipal and can be removed bythe latter

Agent is subject to the directions

of the principal

Agent can make the principalpersonally liable.

The agent represents and actsfor his principal.

In general may be revoked at anytime.

It is formed with the thought of constant control by principal.

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Incidentally, a director of acorporation acts in a fiduciarycapacity but the relationship is

not of trust but agency.

Agent is only answerable to hisprincipal.

Agent is not required to file abond.

The protection which the lawgives the principal can only bethrough agreements.

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Negotiorum Gestio Brokerage Sale Bailment Guardianship Trust

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It is not only without theauthority of the owner of the business but iswithout his knowledge.

Gestor acts according tothe presumed will of theowner by exercising

Quasi-contract

Broker has no relationwith the thing he buys orsell.

Broker earns his paymerely by bringing thebuyer and the sellertogether, even if no saleis eventualy made.

Buyer receives the goodsas owner

Buyer pays the pride

Buyer, as a general rule,cannot return the objectsold.

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In the case of bailment,the relation of principaland agent does not existas the bailor has nocontrol over the bailee

beyond what is given himby contract, and is notresponsible to others forhis acts.

A bailee over whoseactions the bailor has nocontrol is not an agenteventhough he acts forthe benefit of the bailor.

A bailee acting on behalf of himself and whoseinterests are antagonisticto those of his bailor isnot an agent of the bailor

The bailee is notpossessed of no power to

bind the bailor inpersonal liability

Bailee owes neitherloyalty nor obedience tothe bailor

A guardian represents anincapacitated person.

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Guardian is appointed bythe court and stands inloco parentis

Guardian is not subject tothe directions of the

ward but must act for thebenefit of the latter.

Guardian has no powerto impose personalliability on the ward.

The title and control of the property passes tothe trustee who acts in

his own name.

May ordinarily beterminated only byfulfillment of its purpose.

It is based on the idea of discretion in the trusteeand guidance by thesettler or cestui only to alimited extent and whenexpressly provided for.

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But while trust is not anagency, it is possible forthe trustee to be anagent also whereextensive direction and

control are kept over thetrustee.

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Judicial Administration

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Judicial administrator isappointed by the court.

Judicial administrator isrequired to file a bond.

Acts of a judicialadministrator are subjectto specific provisions of law and orders of theappointing court.