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4.4-10
Termination of
Agent's
Actual Authority - Notice to Third Parties
New
March 5, 2010
If you
find that the agency relationship of the defendant and <name of agent>
had been terminated before <name of agent> entered into the <specify
transaction> which is the basis of the plaintiff=s
claim in this case, the defendant must also prove:
-
that
(he/she/it) gave written or oral notice of that termination to the plaintiff; or
-
that
the plaintiff was otherwise aware of the termination; or
-
that
the defendant publicly gave notice of the termination by some method that was
reasonably adapted to provide notice to (people/entities) such as the plaintiff.
If the
defendant fails to prove at least one of these facts, (he/she/it) is still
liable to the plaintiff for <specify transaction>. If (he/she/it) does
prove both that the agency relationship was terminated and that the plaintiff
knew or should have known of the termination, the defendant is not liable.
Authority
Fellows v.
Hartford & New York Steamboat Co., 38 Conn. 197, 201 (1871); Beaucar
v. Bristol Federal Savings & Loan Assn., 6 Conn. Cir. Ct. 148, 159
(1969); 3 Am.Jur. 2d, Agency
'§ 50-51 (2002).
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