Title 18 — Business Structure and Function

An auctioneer, in the absence of special authorization or usage to the contrary, has authority from the seller, only as follows: 1. To sell by public auction to the highest bidder; 2. To sell for cash only, except such articles as are usually sold on credit at auction; 3. To warr…

An auctioneer has authority from a bidder at the auction, as well as from the seller, to bind both by a memorandum of the contract, as described in the Uniform Commercial Code [Title 14, GCA]. COL120106 CH.21 PARTICULAR AGENCIES SOURCE: CC § 2363. NOTE: Guam adopted the UCC, and …

A factor is an agent, as defined by 18 GCA '56301. SOURCE: CC § 2367.

In addition to the authority of agents in general, a factor has actual authority from his principal, unless specially restricted: 1. To insure property consigned to him uninsured; 2. To sell, on credit, anything entrusted to him for sale, except such things as it is contrary to u…

A factor has ostensible authority to deal with the property of his principal as his own, in transactions with persons not having notice of the actual ownership. SOURCE: CC § 2369. NOTE: No §§ 2370-2372 existed in the Civil Code. COL120106 CH.21 PARTICULAR AGENCIES ---------- ARTI…

The master of a ship is a general agent for its owner in all matters concerning the same. SOURCE: CC § 2373.

The master of a ship has authority to borrow money on the credit of its owner, if it necessary to enable him to complete the voyage, and if neither the owner nor his proper agent for such matters can be consulted without injurious delay. SOURCE: CC § 2374.

The master of a ship, during a voyage, is a general agent for each of the owners of the cargo, and has authority to do whatever they might do for the preservation of their respective interest, but he cannot sell or hypothecate the cargo, except in the cases mentioned in this Arti…

The master of a ship may procure all its necessary repairs and supplies, may engage cargo and passengers for carriage, and, in a foreign port, may enter into a charter-party and his contracts for these purposes bind the owner to the full amount of the value of the ship and freigh…

The master of a ship may hypothecate the ship, freightage, and cargo, and sell part of the cargo, in the cases prescribed by the Chapters on bottomry and respondentia, and no others, except that the master may also sell the cargo, or any part of it, short of the port of destinati…

When a ship, whether foreign or domestic, is seriously injured, or the voyage is otherwise broken up, beyond the possibility of pursuing it, the master, in cases of necessity, may sell the ship without instructions from the owners, unless by the earliest use of ordinary means of …

The master of a ship may sell the cargo, if the voyage is broken up beyond the possibility of pursuing it, and no other ship can be obtained to carry it to its destination, and the sale is otherwise absolutely necessary. SOURCE: CC § 2379.

COL120106 CH.21 PARTICULAR AGENCIES The master of a ship, in case of its capture, may engage to pay a ransom for it, in money or in part of the cargo, and his engagement will bind the ship, freightage, and cargo. SOURCE: CC § 2380.

The power of the master of a ship to bind its owner, or the owners of the cargo, ceases upon the abandonment of the ship and freightage to insurers. SOURCE: CC § 2381.

Unless otherwise expressly agreed, or unless the contracting parties give exclusive credit to the owner, the master of a ship is personally liable upon his contracts relative thereto, even when the owner is also liable. SOURCE: CC § 2382.

The master of a ship is liable to third persons for the acts of negligence of persons employed in its navigation, whether appointed by him or not, to the same extent as the owner of the ship. SOURCE: CC § 2383.

The owner or master of a ship is not responsible for the negligence of a pilot whom he is bound by law to employ; but if he is allowed an option between pilots, some of whom are competent, or is required only to pay compensation to a pilot, whether he employs him or not, he is so…

The owner of a ship is bound to pay to the owner of her cargo the market value at the time of arrival of the ship at the port of her destination, of that portion of her cargo which has been sold to enable the master to pay the necessary repairs and supplies of the ship. COL120106…

A ship's manager has power to make contracts requisite for the performance of his duties as such; to enter into charter-parties, or make contracts for carriage; and to settle for freightage and adjust averages. SOURCE: CC § 2388.

Without special authority a ship's manager cannot borrow money or give up the lien for freightage, or purchase a cargo, or bind the owners of the ship to an insurance. SOURCE: CC § 2389. ----------- ARTICLE 5 DURABLE POWER OF ATTORNEY

As used in this chapter. (a) Durable Power of Attorney -- A durable power of attorney is a power of attorney by which a principal designates another as the principal's attorney in fact in writing and the writing contains either the words: "This power of attorney shall not be affe…

All acts done by an attorney-in-fact pursuant to a durable power of attorney during any period of disability or incapacity of the principal have the same effect and inure to the benefit of and bind the principal and principal's successors in interest as if the principal were comp…

(a) If, following execution of a durable power of attorney, a court of the principal's domicile appoints a guardian of the property, or other fiduciary charged with the management of all of the principal's property except specified exclusions, the attorney-in-fact is accountable …

The death of a principal who has executed a written durable power of attorney, does not revoke or terminate the agency as to the attorney-in-fact or other person, who, without actual knowledge of the death of the principal, acts in good faith under the power. Any action so taken,…

As to acts undertaken in good faith reliance thereon, an affidavit executed by the attorney-in-fact under a durable power of attorney, stating that the attorney-in-fact did not have, at the time of exercise of the power, actual knowledge of the termination of the power by revocat…

This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it.

This article may be cited as the "Uniform Durable Power of Attorney Act of Guam." ---------- COL120106 CH.21 PARTICULAR AGENCIES COL120106