Classification of Agency

Classification of Agency
A. As to manner of creation
1. Express – agent has been actually authorized by the principal, either orally or in writing
2. Implied – agency is implied from the acts of the principal, from his silence or lack of action or his failure to repudiate the agency knowing that another person is acting on his behalf without authority, or from the acts of the agent which carry out the agency, or from his silence or inaction according to the circumstances
B. As to character
1. Gratuitous – agent receives no compensation for his services
2. Onerous – agent receives compensation for his services
C. As to extent of business of the principal
1. General – agency comprises all the business of the principal
2. Special – agency comprises one or more specific transactions
D. As to authority conferred
1. Couched in general terms – agency is created in general terms and is deemed to comprise only acts in the name and representation of the principal
2. Simple or Commission – agent acts in his own name but for the account of the principal

Form of Agency:
GR: appointment of an agent may be oral or written; no formal requirements
Exception: when the law requires a specific form (e.g. agent’s sale of real property or any interest therein)

Form of Acceptance by Agent
A. Express - when it is oral or written
B. Implied -when it can be inferred from the acts of the agent which carry out the agency, or from his silence of inaction according to the circumstances
1. Between persons who are present – implied acceptance if the principal delivers his power of attorney to the agent and the latter receives it without any objection
2. Between persons who are absent – acceptance not deemed implied from the silence of the agent EXCEPT:
a. When the principal transmits his power of attorney to the agent, who receives
it without any objection
b. When the principal entrusts to him by letter or telegram a power of attorney
with respect to the business in which he is habitually engaged as an agent,
and he did not reply to the letter or telegram

Way of Giving Notice of Agency & Its Effect
1. By special information - the person appointed as agent is considered such with respect to the person to whom it was given
2. By public advertisement - the agent is considered such with regard to any person