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What is an agency by estoppel?

A formal agreement between agents

An agency relationship assumed based on the principal's conduct

An agency by estoppel occurs when a principal's actions lead a third party to believe that an individual is acting as their agent, even if no formal agreement exists. This situation arises when the principal's conduct creates an impression that the agent has the authority to act on their behalf, thus binding the principal to the acts of that agent.

In this context, the principal may inadvertently create an agency relationship through their behavior, such as allowing someone to act in a way that suggests authority. If the third party reasonably relies on this impression and enters into a transaction, the principal may be held accountable for any obligations arising from that interaction due to the doctrine of estoppel. This principle protects the interests of the third party, who acts on the assumption that the agent has the appropriate authority.

The other options do not accurately capture the essence of agency by estoppel. A formal agreement signifies a documented understanding, written consent is required for certain types of agencies but does not pertain specifically to estoppel, and terminating an agency relationship pertains to the end of an agency rather than establishing one based on conduct.

A type of agency that requires written consent

A process for terminating an agency relationship

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