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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: 

  1. that (he/she/it) gave written or oral notice of that termination to the plaintiff; or 

  2. that the plaintiff was otherwise aware of the termination; or  

  3. 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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