Also known as: general agents
Written by attorneys · grounded in primary & secondary sources — see below
An agent authorized to conduct a series of transactions involving a continuity of service. This classification turns on the ongoing character of the agent's role rather than the number of acts performed.
Gwen Gallagher hired Gareth Glover as farm manager to handle all buying and selling for her grain operation. Over three years Glover negotiated repeated seed purchases, equipment leases, and crop sales. Because Glover's role involved a continuing series of similar transactions, he qualified as a general agent whose contracts bound Gallagher.
Galaxy Technologies extended credit to Griffin Industries and began directing its grain purchases and sales through daily instructions. Once Galaxy assumed management of Griffin Industries' operations, the debtor's manager became Galaxy's general agent for routine business dealings.
Select any source to read its text and confirm it supports the definition.
A general agent is authorized to conduct a series of transactions involving continuity of service. A special agent handles only a single transaction or a series lacking that continuity.
Supporting sources
No. The test focuses on whether the principal authorized a continuing series of transactions rather than isolated acts. A lengthy course of recurring dealings supports the classification when it reflects an ongoing role.
Supporting sources
Yes. Subsequent conduct and representations by the principal can establish continuity of service even if the original writing suggested a limited assignment. Courts examine the actual pattern of dealings over time.
Supporting sources
A general agent can bind the principal to acts that usually accompany or are incidental to the authorized transactions. This broader authority arises because the role contemplates ongoing service rather than episodic tasks.
Supporting sources
…is subject to suit under a common name, by delivering a copy of the summons and of the complaint to an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process and, if the agent is one authorized by statute to receive service and the statute so requires, by…