Agency is an area of commercial law dealing with a contractual
or quasi-contractual tripartite set of relationships when
an Agent is authorized to act on behalf of another (called
the Principal) to create a legal relationship with a Third
Party.[1] Succinctly, it may be referred to as the relationship
between a principal and an agent whereby the principal, expressly
or impliedly, authorizes the agent to work under his control
and on his behalf. The agent is, thus, required to negotiate
on behalf of the principal or bring him and third parties
into contractual relationship. This branch of law separates
and regulates the relationships between:
Agents and Principals;
Agents and the Third Parties with whom they deal on their
Principals' behalf; and
Principals and the Third Parties when the Agents purport to
deal on their behalf.
The common law principle in operation is usually represented
in the Latin phrase, qui facit per alium, facit per se, i.e.
the one who acts through another, acts in his or her own interests
and it is a parallel concept to vicarious liability and strict
liability in which one person is held liable in Criminal law
or Tort for the acts or omissions of another.