What constitutes an express agency relationship?

An express agency relationship is characterized by a clear, definitive agreement between the principal and the agent, which can be established either orally or in writing. This means that both parties explicitly agree to the terms of the agency, defining the agent's authority to act on behalf of the principal. This explicit communication helps eliminate ambiguity regarding the roles and responsibilities, thus ensuring that the expectations of both parties are aligned from the outset.

In contrast, other forms of agency, such as implied agency, can develop through the actions or conduct of the parties involved, which may not involve a direct agreement. While an agency can also develop from a long-term relationship or may even be influenced by statutory definitions, express agency is specifically distinguished by the clear, intentional agreement that outlines the agency's terms. Therefore, the defining feature of express agency is that it is established through mutual consent, leading to a structured and clearly defined agency relationship.