California Civil Code ARTICLE 2 - Authority of Agents

  • Section 2304.
    An agent may be authorized to do any acts which his principal might do, except those to which the latter is bound to give his...
  • Section 2305.
    Every act which, according to this Code, may be done by or to any person, may be done by or to the agent of such...
  • Section 2306.
    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...
  • Section 2307.
    An agency may be created, and an authority may be conferred, by a precedent authorization or a subsequent ratification.(Enacted 1872.)
  • Section 2308.
    A consideration is not necessary to make an authority, whether precedent or subsequent, binding upon the principal.(Enacted 1872.)
  • Section 2309.
    An oral authorization is sufficient for any purpose, except that an authority to enter into a contract required by law to be in writing can...
  • Section 2310.
    A ratification can be made only in the manner that would have been necessary to confer an original authority for the act ratified, or where...
  • Section 2311.
    Ratification of part of an indivisible transaction is a ratification of the whole.(Enacted 1872.)
  • Section 2312.
    A ratification is not valid unless, at the time of ratifying the act done, the principal has power to confer authority for such an act.(Enacted
  • Section 2313.
    No unauthorized act can be made valid, retroactively, to the prejudice of third persons, without their consent.(Enacted 1872.)
  • Section 2314.
    A ratification may be rescinded when made without such consent as is required in a contract, or with an imperfect knowledge of the material facts...
  • Section 2315.
    An agent has such authority as the principal, actually or ostensibly, confers upon him.(Enacted 1872.)
  • Section 2316.
    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...
  • Section 2317.
    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...
  • Section 2318.
    Every agent has actually such authority as is defined by this Title, unless specially deprived thereof by his principal, and has even then such authority...
  • Section 2319.
    An agent has authority:1. To do everything necessary or proper and usual, in the ordinary course of business, for effecting the purpose of his agency; and,2. To...
  • Section 2320.
    An agent has power to disobey instructions in dealing with the subject of the agency, in cases where it is clearly for the interest of...
  • Section 2321.
    When an authority is given partly in general and partly in specific terms, the general authority gives no higher powers than those specifically mentioned.(Enacted 1872.)
  • Section 2322.
    An authority expressed in general terms, however broad, does not authorize an agent to do any of the following:(a) Act in the agent’s own name, unless...
  • Section 2323.
    An authority to sell personal property includes authority to warrant the title of the principal, and the quality and quantity of the property.(Enacted 1872.)
  • Section 2324.
    An authority to sell and convey real property includes authority to give the usual convenants of warranty.(Enacted 1872.)
  • Section 2325.
    A general agent to sell, who is intrusted by the principal with the possession of the thing sold, has authority to receive the price.(Enacted 1872.)
  • Section 2326.
    A special agent to sell has authority to receive the price on delivery of the thing sold, but not afterwards.(Enacted 1872.)

Last modified: October 22, 2018