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CHAPTER 59-3

POWERS OF AGENT

59-3-1      Agent may perform acts permitted to principal.
59-3-2      Actual authority defined.
59-3-2.1      Authority to request, receive, review, and disclose information regarding principal's health.
59-3-3      Ostensible authority defined.
59-3-4      Agent's general authority.
59-3-5      Agent's necessary authority--Ordinary course of business.
59-3-6      Agent's necessary authority--Representation as to matter of fact.
59-3-7      Agent's power to disobey instructions.
59-3-8      Agent cannot have authority to defraud principal.
59-3-9      Exceptions to general authority--Agent cannot act in own name.
59-3-10      Exceptions to general authority--Scope of agency cannot be defined.
59-3-11      Exceptions to general authority--Forbidden acts.
59-3-12      Authority to sell real property--Power to give warranty.
59-3-13      Authority to sell personal property--Power to give warranties.
59-3-14      Authority to receive price of property.
59-3-15      Agent's delegation of powers.
59-3-16      Subagent, lawfully appointed, represents principal.
59-3-17      Responsibility as between principal and agent of agent.
59-3-18      Agent's unauthorized employment of subagent.


     59-3-1.   Agent may perform acts permitted to principal. Every act which may legally be done by or to any person, may be done by or to the agent of such person for that purpose unless a contrary intention plainly appears.

Source: CivC 1877, § 1344; CL 1887, § 3967; RCivC 1903, § 1663; RC 1919, § 1245; SDC 1939, § 3.0201.


     59-3-2.   Actual authority defined. 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.

Source: CivC 1877, § 1355; CL 1887, § 3978; RCivC 1903, § 1674; RC 1919, § 1256; SDC 1939, § 3.0202.


     59-3-2.1.   Authority to request, receive, review, and disclose information regarding principal's health. An agent may request, receive, and review any information regarding the principal's physical or mental health, including legal, medical, and hospital records, execute any release or other documents that may be required in order to obtain such information, and disclose such information to such persons, organizations, firms, or corporations as the agent shall deem appropriate.

Source: SL 2004, ch 312, § 3.


     59-3-3.   Ostensible authority defined. 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.

Source: CivC 1877, § 1356; CL 1887, § 3979; RCivC 1903, § 1675; RC 1919, § 1257; SDC 1939, § 3.0203.
See Cal Civ Code, § 2317.


     59-3-4.   Agent's general authority. Every agent has actually such authority as prescribed by this title on "agency" unless specially deprived thereof by the principal, and even then has such authority ostensibly except as to persons who have actual or constructive notice of the restriction upon his authority.

Source: CivC 1877, § 1357; CL 1887, § 3980; RCivC 1903, § 1676; RC 1919, § 1258; SDC 1939, § 3.0201.


     59-3-5.   Agent's necessary authority--Ordinary course of business. An agent has authority to do everything necessary, or proper and usual in the ordinary course of business, for effecting the purpose of his agency.

Source: CivC 1877, § 1358, subdiv 1; CL 1887, § 3981, subdiv 1; RCivC 1903, § 1677, subdiv 1; RC 1919, § 1259 (1); SDC 1939, § 3.0206 (1).
See Cal Civ Code, § 2319.


     59-3-6.   Agent's necessary authority--Representation as to matter of fact. An agent has authority to make a representation respecting any matter of fact, not including the terms of his authority, but upon which his right to use his authority depends, and the truth of which cannot be determined by the use of reasonable diligence on the part of the person to whom the representation is made.

Source: CivC 1877, § 1358, subdiv 2; CL 1887, § 3981, subdiv 2; RCivC 1903, § 1677, subdiv 2; RC 1919, § 1259 (2); SDC 1939, § 3.0206 (2).
See Cal Civ Code, § 2319.


     59-3-7.   Agent's power to disobey instructions. An agent has power to disobey instructions in dealing with the subject of the agency, in cases where it is clearly for the interests of his principal that he should do so, and there is not time to communicate with the principal.

Source: CivC 1877, § 1359; CL 1887, § 3982; RCivC 1903, § 1678; RC 1919, § 1260; SDC 1939, § 3.0207.


     59-3-8.   Agent cannot have authority to defraud principal. 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 on the principal.

Source: CivC 1877, § 1345; CL 1887, § 3968; RCivC 1903, § 1664; RC 1919, § 1246; SDC 1939, § 3.0208.


     59-3-9.   Exceptions to general authority--Agent cannot act in own name. An authority expressed in general terms, however broad, does not authorize an agent to act in his own name, unless it is the usual course of business to do so.

Source: CivC 1877, § 1361, subdiv 1; CL 1887, § 3984, subdiv 1; RCivC 1903, § 1680, subdiv 1; RC 1919, § 1262 (1); SDC 1939, § 3.0205 (1).


     59-3-10.   Exceptions to general authority--Scope of agency cannot be defined. An authority expressed in general terms, however broad, does not authorize an agent to define the scope of his agency.

Source: CivC 1877, § 1361, subdiv 2; CL 1887, § 3984, subdiv 2; RCivC 1903, § 1680, subdiv 2; RC 1919, § 1262 (2); SDC 1939, § 3.0205 (2).


     59-3-11.   Exceptions to general authority--Forbidden acts. An authority expressed in general terms, however broad, does not authorize an agent to do any act that a trustee is forbidden to do by the law on trusts or that an agent is forbidden to do by the law on fiduciary access to digital assets.

Source: CivC 1877, § 1361, subdiv 3; CL 1887, § 3984, subdiv 3; RCivC 1903, § 1680, subdiv 3; RC 1919, § 1262 (3); SDC 1939, § 3.0205 (3); SL 2017, ch 209, § 28.


     59-3-12.   Authority to sell real property--Power to give warranty. Authority to sell and convey real property includes authority to give usual covenants of warranty.

Source: CivC 1877, § 1363; CL 1887, § 3986; RCivC 1903, § 1682; RC 1919, § 1264; SDC 1939, § 3.0209.


     59-3-13.   Authority to sell personal property--Power to give warranties. Authority to sell personal property includes authority to warrant the title of the principal and the quality and quantity of the property.

Source: CivC 1877, § 1362; CL 1887, § 3985; RCivC 1903, § 1681; RC 1919, § 1263; SDC 1939, § 3.0209.


     59-3-14.   Authority to receive price of property. A general agent to sell entrusted by the principal with possession of the thing sold, has authority to receive the price. A special agent to sell has authority to receive the price on delivery of the thing sold, but not afterward.

Source: CivC 1877, §§ 1364, 1365; CL 1887, §§ 3987, 3988; RCivC 1903, §§ 1683, 1684; RC 1919, §§ 1265, 1266; SDC 1939, § 3.0210.


     59-3-15.   Agent's delegation of powers. An agent, unless specially forbidden by his principal to do so, can delegate his powers to another person in any of the following cases, and in no others:
             (1)      When the act to be done is purely mechanical;
             (2)      When it is such as the agent cannot himself, and the subagent can, lawfully perform;
             (3)      When it is the usage of the place to delegate such powers; or
             (4)      When such delegation is specially authorized by the principal.

Source: CivC 1877, § 1380; CL 1887, § 4003; RCivC 1903, § 1699; RC 1919, § 1281; SDC 1939, § 3.0212.
See Cal Civ Code, § 2349.


     59-3-16.   Subagent, lawfully appointed, represents principal. A subagent, lawfully appointed, represents the principal in like manner with the original agent; and the original agent is not responsible to third persons for acts of the subagent.

Source: CivC 1877, § 1382; CL 1887, § 4005; RCivC 1903, § 1701; RC 1919, § 1283; SDC 1939, § 3.0213.


     59-3-17.   Responsibility as between principal and agent of agent. A mere agent of an agent is not responsible as such to the principal of the latter.

Source: CivC 1877, § 1167; CL 1887, § 3790; RCivC 1903, § 1486; RC 1919, § 1243; SDC 1939, § 3.0214.


     59-3-18.   Agent's unauthorized employment of subagent. If an agent employ a subagent without authority, the former is a principal and the latter his agent, and the principal of the former has no connection with the latter.

Source: CivC 1877, § 1381; CL 1887, § 4004; RCivC 1903, § 1700; RC 1919, § 1282; SDC 1939, § 3.0214.


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