Probe To Agency By Estoppel

This paper discusses Agency by Estoppel , analyses the functions and values of it. fums up the form of Representation constituted by the current laws and judicial interpretations and introduces the Single Component Theory and Double Component Theory of Agency by Estoppel according to precedent, legislative practice and various theories and definitions. The author thinks that in essence Agency by Estoppel is a kind of tortuous act conducted by the Principal and Agent upon the Third party. According to the general Theories of Tort, the Culpa of the principal should be considered as the important component when Agency by Estoppel is identified. But the author argues that it is the Principal that should prove him to be free of culpa, and it is not the Agent that should prove principal to be culpable. The author also analyses the components of the Agency by Estoppel in different levels according to practice and poses ten problems when the Agency by Estoppel is identified. The author thinks that the Agent should take part in the lawsuit concerning Agency by Estoppel as a person in the joinder of parties or the third party without independent claims in the case , so the facts can be proved and the contradiction, which is caused when the liabilities of the Agent and Principal in other cases are identified, should be avoided.