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Case Citations [1] (2017)

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                                    AGENCY 2D





Generally

C.A.11, 2017. Cit. generally in cases cit. in sup. In an action seeking unpaid rent from the government
of Belize, based on a lease agreement that was entered into on behalf of defendant by a government
minister, this court affirmed the district court's denial of defendant's motion to dismiss, holding that
defendant was bound by a sovereign-immunity waiver contained in the agreement. The court noted that
the Restatements of Agency were a useful beginning point for a discussion of general agency principles,
and determined that it did not need to decide whether the minister had the authority to enter into the
agreement, because defendant subsequently ratified his action. GDG Acquisitions LLC v. Government
of Belize, 849 F.3d 1299, 1308.



                          CHAPTER 1. INTRODUCTORY MATTERS

                                    TOPIC   1. DEFINITIONS

§ 1. Agency; Principal; Agent

C.A.11, 2017. Subsecs. (2) and (3) quot. in case quot. in sup. Lessor of telecommunications equipment
brought an action against the government of Belize, seeking millions of dollars in unpaid rent based on
the parties' lease agreement, which was entered into on behalf of defendant by a government minister.
The district court granted defendant's motion to dismiss; the court of appeals vacated and remanded. On
remand, the district court denied defendant's motion to dismiss. Affirming, this court held that defendant
was bound by a sovereign-immunity waiver contained in the agreement. The court cited Restatement
Second of Agency  § 1 for a definition of an agency relationship, and determined that, here, it did not
need to decide whether the minister had authority to enter into the agreement, because defendant
subsequently ratified his action by making payments in accordance with the lease schedules for two
concurrent five-year leases and by retaining its benefits under the agreement. GDG Acquisitions LLC v.
Government  of Belize, 849 F.3d 1299, 1308, 1309.

§ 8B. Estoppel-Change of   Position

N.Y.Sup.Ct.App.Div.2017.  Cit. in sup. Corporation filed a fraudulent-misrepresentation claim against
retail store, among others, regarding defendant's director of in-store marketing's verification of accounts
receivable that were issued to defendant. The trial court granted defendant's motion to dismiss. This
court affirmed, holding that plaintiff failed to state a claim for fraudulent misrepresentation based on,
among  other things, apparent authority. Citing Restatement Second of Agency § 8B, the court explained
that plaintiff failed to allege that defendant intentionally or carelessly caused plaintiff to believe that
defendant's director of in-store marketing or its divisional vice president of franchise development had
the authority to verify receivables on its behalf, because plaintiff s allegations that defendant knew or




           For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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