Is an express agency the most common form of agency?

An express agency is indeed the most common form of agency. This type of agency arises when a principal explicitly states their intention to create an agency relationship, typically through spoken or written communication. This explicit agreement allows the agent to act on behalf of the principal within the context of the powers granted to them.

In most business transactions, parties prefer clarity in their agreements, making express agency a practical choice. This type of relationship can be easily defined and is less likely to lead to misinterpretations regarding the roles and responsibilities of both the principal and the agent.

In contrast, other forms of agency, such as implied or agency by ratification, are less common because they rely more on inferred consent or actions rather than a clear and explicit agreement. Implied agency can occur based on the behavior and circumstances of the parties involved, while agency by ratification happens after the fact when the principal approves an action taken by another party on their behalf without prior consent.

Overall, the preference for clear communication and agreements in business operations makes express agency the most frequently encountered type of agency in practice.