Ch7. Administrative Agent Law & Contract Law — Licensing, Scope of Practice & Torts

Administrative Agent Act — Qualifications & Disqualifications

Qualifications:
Pass the Administrative Agent licensing exam.
Qualify by regulation (e.g., qualifying public-service
experience as prescribed by executive rule).

Disqualifications:
Minors (under 18).
Individuals in bankruptcy who have not been discharged.
Persons convicted of a crime punishable by imprisonment
  — within 3 years of sentence.
Persons whose agent license was revoked
  — within 3 years of revocation.
Current government employees (conflict of interest).

Authorized Scope of Practice:
Prepare and file documents submitted to government agencies.
Draft and submit administrative appeal petitions on behalf
  of clients.
Assist with permit and license applications.

Administrative Agent Duties & Obligations

Practice Standards:
Duty of diligence — handle all matters faithfully.
Duty of confidentiality — protect client information.

Fees:
Negotiated with the client.
Prohibition on excessive or unconscionable fees.

Registration:
Register with the state/regional administrative agent
  association in the jurisdiction of the office.
File notice of commencement of practice.

Prohibited Conduct:
May not represent clients in court (reserved for attorneys).
May not perform unauthorized practice of law (UPL).
May not prepare or submit false documents.

Contract Law — General Principles

Contract Formation:
Offer + Acceptance = Binding contract.
Irrevocability of offer: once accepted, offer cannot
  be withdrawn (mirror-image rule / mailbox rule).

Contract Effects:
Creation of rights and obligations between parties.
Defense of simultaneous performance (mutual
  conditions / constructive conditions of exchange).
Risk of loss allocation.

Contract Rescission / Termination:
Legal rescission: impossibility of performance;
  material breach + reasonable cure period.
Contractual: as agreed by the parties.

Effect of Rescission:
Retroactive (parties restored to pre-contract position).
Damages may still be claimed.

Tort Law

General Tort (Negligence):
Intentional or negligent conduct causing harm to another.
Duty to compensate for resulting damages.

Special / Vicarious Torts:
Respondeat superior: employer liable for employee's
  torts committed within the scope of employment.
Premises liability: owner/occupier of dangerous premises.
Animal keeper liability.

Damages:
Economic (actual) loss + Non-economic (pain and suffering).
Comparative negligence: damages reduced proportionally
  to plaintiff's fault.

Statute of Limitations:
Tort claims: 2–3 years from discovery (state law varies).
Absolute outer limit: 10 years from the act (many states).

Key Concept Cards

Agent Disqualification Period = 3 Years ★★★★★ : License revoked → 3-year bar. Conviction of qualifying offense → 3-year bar. Memory tip: Disqualification = 3 years.

Tort Statute of Limitations ★★★★★ : Discovery rule: 2–3 years from knowledge. Absolute: varies by state (often 10 years from act). Memory tip: Tort SOL = discovery + absolute outer limit.

Rescission = Retroactive Effect ★★★★☆ : Rescission unwinds the contract back to the beginning — parties must restore what they received. Memory tip: Rescission = restore to status quo.

Practice Quiz

Q. What happens if an administrative agent represents a client in court proceedings?

Agents are not licensed to appear in court — doing so constitutes unauthorized practice of law (UPL), which exposes the agent to criminal liability and license revocation. Drafting an administrative appeal petition is within scope; courtroom advocacy is not. Only licensed attorneys may represent parties in litigation.

Q. What elements must be established for respondeat superior (employer) liability?

(1) An employment relationship exists between employer and tortfeasor. (2) The employee’s tort was committed within the scope of employment (doing the job, even if improperly). (3) The employer is directly liable to the victim without requiring proof that the employer was personally at fault. The employer may seek indemnification from the employee. An employer who demonstrates reasonable care in hiring and supervision may reduce (but generally not eliminate) liability.