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Restatement of Agency

Overview

"Agency is the fiduciary relationship that arises when one person (a 'principal') manifests assent to another person (an 'agent') that the agent shall act on the principal's behalf and subject to the principal's control, and the agent manifests assent or otherwise consents so to act." Restatement (Third) of Agency § 1.01 (Am. Law Inst. 2006).

Jenkins has access to the Restatement of the Law of Agency in print, on the library's Westlaw computers, and on the member database HeinOnline. Use this guide to find out more about this Restatement and how to access it.

The third series of Agency was published in 2006. Select case citation sources to the third series of Agency may include case citations to all three series of the Restatement of Agency.

The second series of Agency was published in 1958. Select case citation sources to the second series of Agency may include case citations to all three series of the Restatement of Agency.

The first series of Agency was published in 1933. Select case citation sources may include case citations to the first series with the second and third series of the Restatement of Agency.

For more information about the different Restatement series, see the About the Restatements Series & Drafting page of this guide.

See the Finding Annotations page of this guide for more information about finding case citations.

"The Restatement of the Law Third, Agency (2006) . . . has now superseded Agency 2d." Introduction to Restatement (Third) of Agency (Cumulative Annual Pocket Part, 2015).

For more information on superseded status, contact the American Law Institute.

To help researchers navigate between the different Restatement series, ALI includes "parallel tables", found before the index of most Restatement subjects. These tables show corresponding section numbers between two series of Restatements. Some parallel tables may connect section numbers of the final Restatement with one or more earlier drafts. When using these parallel tables to find where an older series (or draft) section is located in a newer series, be sure to check all volumes of the current series - the parallel tables only point to the sections found in that particular volume. For more information about Parallel Tables, check out our blog post Using the Parallel Tables in the Restatements of the Law.

The Parallel Tables found in the back of volume 2 of Restatement (Third) Agency show corresponding section numbers for Restatement (Third) Agency and Restatement (Second) Agency.