If buyers and sellers believe they have a true agent, and have received no disclosure that the agent isn't their agent, and the agent does provide fiduciary duties, then an "implied agency
" situation exists.
The LLC moved for summary judgment on the grounds that there was no basis to hold it liable on the basis of apparent or implied agency
. The trial court granted the Center's motion for summary judgment.
The DOR determined that Scholastic had nexus with Tennessee because the teachers and parents who participated in Scholastic's book-selling programs had an implied agency
relationship with Scholastic and were sales agents of the company.
That limited, implied agency
does not impose broad fiduciary duties upon the broker, whose true principal is the policyholder.
Whether--physician or nurse--under an implied agency
theory, the court recognized that the determining factor was whether the hospital retained the right to control of the manner of doing the work.