Defining Agency

Civil Code Division 3, Part 4, Title 9, Chapter 1 deals with agency in general. Article 1 deals with the definition of agency.

Section 2295 states that an agent is one who represents another, called the principal, in dealings with third persons. Such a representation is called agency.

Section 2296 says that any person having capacity to contract may appoint an agent, and any person may be an agent.

Section 2297 specifies that an agent for a particular act or transaction is called a special agent. All others are general agents.

Section 2298 an agency is either actual or ostensible.

Section 2299 explains that an agency is actual when the agent is really employed by the principal.

Section 2300 provides that an agency is ostensible when the principal intentionally, or by want of ordinary care, causes a third person to believe another to be his agent who is not really employed by him.