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Civil Code - CIV - CIV § 2306
Civil Code - CIV - CIV § 2306
An agent can never have authority, either actual or ostensible, to do an act which is, and is known or suspected by the person with whom he deals, to be a fraud upon the principal.
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Civil Code - CIV - CIV § 2307
Civil Code - CIV - CIV § 2307
An agency may be created, and an authority may be conferred, by a precedent authorization or a subsequent ratification.
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Civil Code - CIV - CIV § 2308
Civil Code - CIV - CIV § 2308
A consideration is not necessary to make an authority, whether precedent or subsequent, binding upon the principal.
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Civil Code - CIV - CIV § 2309
Civil Code - CIV - CIV § 2309
An oral authorization is sufficient for any purpose, except that an authority to enter into a contract required by law to be in writing can only be given by an instrument in writing.
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Civil Code - CIV - CIV § 2310
Civil Code - CIV - CIV § 2310
A ratification can be made only in the manner that would have been necessary to confer an original authority for the act ratified, or where an oral authorization would suffice, by accepting or retaining the benefit of the act, with notice thereof.
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Civil Code - CIV - CIV § 2311
Civil Code - CIV - CIV § 2311
Ratification of part of an indivisible transaction is a ratification of the whole.
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Civil Code - CIV - CIV § 2312
Civil Code - CIV - CIV § 2312
A ratification is not valid unless, at the time of ratifying the act done, the principal has power to confer authority for such an act.
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Civil Code - CIV - CIV § 2313
Civil Code - CIV - CIV § 2313
No unauthorized act can be made valid, retroactively, to the prejudice of third persons, without their consent.
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Civil Code - CIV - CIV § 2314
Civil Code - CIV - CIV § 2314
A ratification may be rescinded when made without such consent as is required in a contract, or with an imperfect knowledge of the material facts of the transaction ratified, but not otherwise.
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Civil Code - CIV - CIV § 2315
Civil Code - CIV - CIV § 2315
An agent has such authority as the principal, actually or ostensibly, confers upon him.
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Civil Code - CIV - CIV § 2316
Civil Code - CIV - CIV § 2316
Actual authority is such as a principal intentionally confers upon the agent, or intentionally, or by want of ordinary care, allows the agent to believe himself to possess.
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Civil Code - CIV - CIV § 2317
Civil Code - CIV - CIV § 2317
Ostensible authority is such as a principal, intentionally or by want of ordinary care, causes or allows a third person to believe the agent to possess.
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Civil Code - CIV - CIV § 2318
Civil Code - CIV - CIV § 2318
Every agent has actually such authority as is defined by this Title, unless specially deprived thereof by his principal, and has even then such authority ostensibly, except as to persons who have actual or constructive notice of the restriction upon his authority.
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Civil Code - CIV - CIV § 2319
Civil Code - CIV - CIV § 2319
An agent has authority: 1. To do everything necessary or proper and usual, in the ordinary course of business, for effecting the purpose of his agency; and, 2. To make a representation respecting any matter of fact, not including the terms of his authority, but upon which his rig
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Civil Code - CIV - CIV § 2320
Civil Code - CIV - CIV § 2320
An agent has power to disobey instructions in dealing with the subject of the agency, in cases where it is clearly for the interest of his principal that he should do so, and there is not time to communicate with the principal.
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Civil Code - CIV - CIV § 2321
Civil Code - CIV - CIV § 2321
When an authority is given partly in general and partly in specific terms, the general authority gives no higher powers than those specifically mentioned.
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Civil Code - CIV - CIV § 2322
Civil Code - CIV - CIV § 2322
An authority expressed in general terms, however broad, does not authorize an agent to do any of the following: (a) Act in the agent’s own name, unless it is the usual course of business to do so. (b) Define the scope of the agency. (c) Violate a duty to which a trustee is subjec
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Civil Code - CIV - CIV § 2323
Civil Code - CIV - CIV § 2323
An authority to sell personal property includes authority to warrant the title of the principal, and the quality and quantity of the property.
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Civil Code - CIV - CIV § 2324
Civil Code - CIV - CIV § 2324
An authority to sell and convey real property includes authority to give the usual convenants of warranty.
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Civil Code - CIV - CIV § 2325
Civil Code - CIV - CIV § 2325
A general agent to sell, who is intrusted by the principal with the possession of the thing sold, has authority to receive the price.
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Civil Code - CIV - CIV § 2326
Civil Code - CIV - CIV § 2326
A special agent to sell has authority to receive the price on delivery of the thing sold, but not afterwards.
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Civil Code - CIV - CIV § 2330
Civil Code - CIV - CIV § 2330
An agent represents his principal for all purposes within the scope of his actual or ostensible authority, and all the rights and liabilities which would accrue to the agent from transactions within such limit, if they had been entered into on his own account, accrue to the princ
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Civil Code - CIV - CIV § 2331
Civil Code - CIV - CIV § 2331
A principal is bound by an incomplete execution of an authority, when it is consistent with the whole purpose and scope thereof, but not otherwise.
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Civil Code - CIV - CIV § 2332
Civil Code - CIV - CIV § 2332
As against a principal, both principal and agent are deemed to have notice of whatever either has notice of, and ought, in good faith and the exercise of ordinary care and diligence, to communicate to the other.
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Civil Code - CIV - CIV § 2333
Civil Code - CIV - CIV § 2333
When an agent exceeds his authority, his principal is bound by his authorized acts so far only as they can be plainly separated from those which are unauthorized.