Loni Soulliere - LEGL710 Blog

Fiduciary --- The Heart Of Agency Law Fiduciary relationships and agency law go hand in hand - without agency law there are no fiduciary relationships. We know from our text that agency law is a relationship between an agent (a person authorized to act on the behalf of another and subject to the other's control in dealing with third parties) and a principal (a person who authorizes an agent to act on her or his behalf and subject to her and his control). A key point to remember though is that all agency relationships are fiduciary relationships but not all fiduciary relationships are agency relationships (Sukys, 2019).  As an agent, there are duties that they must uphold to their principal. These duties include care, loyalty, good faith, confidentiality, prudence, and disclosure (Cornell Law, n.d.). I have had many fiduciary relationships where I have been the agent at times and the principal at times.  For work, because of my position, I am the agent for my company when ...

ABLE DEMOLITION, Inc., Plaintiff-Appellant, v. City of PONTIAC, Defendant-Appellee On July 1, 2004, ABLE Demolition entered a contract with the City of PONTIAC for the demolition of certain abandoned homes. According to this contract, it was necessary for ABLE Demolition to obtain proper approvals and have a "Letter to Proceed" before the demolition of any house in order to receive payment for their services. Later o n May 17, 2007 the Court of Appeals in Michigan affirmed the trial courts ruling that the City of Pontiac was not liable for payment of $42,299 to ABLE Demolition for the demolition of 11 homes   ( ABLE DEMOLITION, Inc., v. City of PONTIAC, 2007). Per the contract, it explicitly stated that if prior approval with proof of a "Letter to Proceed" was not obtained then work performed would be unauthorized and ABLE Demolition would therefore forfeit any payment for work completed.  Sukys states in our readings that a written contract needs to be as clear ...