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Express?
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YES
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NO
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An agency exists
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Is there an implied actual agency?
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Can agency be IMPLIED from the FACTUAL CIRCUMSTANCES?
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YES
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NO
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Agency
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YES
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Can an agency be implied by OPERATION OF LAW?
- Custom or trade
- business efficacy
- Constructive Authority
- Necessity or cohabitation
- Usual authority
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YES
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NO
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Has principal ratified the arrangement?
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YES
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NO AGENCY EXISTS, but may be apparent (ostensible authority - take next step for checking this)
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Express Agency
