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agent 音标拼音: ['edʒənt] n. 媒介,动因,代理人,行为者,经纪人;作用物,药剂 媒介,动因,代理人,行为者,经纪人;作用物,药剂 agent代理 剂 agent n 1: an active and efficient cause; capable of producing a certain effect; " their research uncovered new disease agents" 2: a representative who acts on behalf of other persons or organizations 3: a substance that exerts some force or effect 4: a businessman who buys or sells for another in exchange for a commission [ synonym: { agent}, { factor}, { broker}] 5: any agent or representative of a federal agency or bureau [ synonym: { agent}, { federal agent}] 6: the semantic role of the animate entity that instigates or causes the happening denoted by the verb in the clause [ synonym: { agentive role}, { agent}] Agent \ A" gent\, a. [ L. agens, agentis, p. pr. of agere to act; akin to Gr. ? to lead, Icel. aka to drive, Skr. aj. [ root] 2.] Acting; -- opposed to { patient}, or sustaining, action. [ Archaic] " The body agent." -- Bacon. [ 1913 Webster]
Agent \ A" gent\, n. 1. One who exerts power, or has the power to act; an actor. [ 1913 Webster] Heaven made us agents, free to good or ill. -- Dryden. [ 1913 Webster] 2. One who acts for, or in the place of, another, by authority from him; one intrusted with the business of another; a substitute; a deputy; a factor. [ 1913 Webster] 3. An active power or cause; that which has the power to produce an effect, such as a physical, chemical, or medicinal agent; as, heat is a powerful agent. [ 1913 Webster] 4. ( Biochem., Med.) a chemical substance having biological effects; a drug. [ PJC] 275 Moby Thesaurus words for " agent": Charlie McCarthy, Federal, acid, acidity, acolyte, activator, actor, adjutant, administrator, advocate, agency, aid, aide, aide- de- camp, aider, alkali, alkalinity, alloisomer, amanuensis, amicus curiae, ancilla, anion, antacid, appliance, appointee, architect, assignee, assistant, atom, attendant, attorney, attorney- at- law, author, auxiliary, baggage agent, barrister, barrister- at- law, base, begetter, beginner, best man, biochemical, broker, business agent, buyer, candidate, catalyst, cation, cause, causer, channel, chemical, chemical element, chromoisomer, claim agent, clerk, coadjutant, coadjutor, coadjutress, coadjutrix, commercial agent, commission agent, commissionaire, commissioner, compound, conductor, connection, consignee, contrivance, copolymer, counsel, counselor, counselor- at- law, creator, creature, customer agent, delegate, deputy, device, dimer, directeur, director, distributor, doer, driver, dummy, dupe, effector, element, emissary, energizer, engenderer, engineer, envoy, executant, executive, executive officer, executor, executrix, fabricator, factor, father, fed, federal agent, force, freight agent, friend at court, front, front man, functionary, general agent, generator, go- between, governor, handler, handmaid, handmaiden, heavy chemicals, help, helper, helpmate, helpmeet, high polymer, homopolymer, hydracid, implement, impresario, ingredient, inorganic chemical, inspirer, instigator, instrument, instrumentality, instrumentation, insurance agent, intendant, interagent, interceder, intercessor, intermediary, intermediate, intermediate agent, intermediator, intermedium, internuncio, intervener, interventionist, interventor, ion, isomer, jobber, land agent, law agent, lawyer, legal adviser, legal counselor, legal expert, legal practitioner, legalist, legate, lever, liaison, licensee, lieutenant, link, literary agent, loan agent, macromolecule, maker, manager, manipulator, means, mechanism, mediary, mediator, medium, metamer, middleman, midwife, minion, minister, ministry, molecule, monomer, mother, mouthpiece, mover, negotiant, negotiator, negotiatress, negotiatrix, neutralizer, news agent, nominee, nonacid, official, ombudsman, operant, operative, operator, organ, organic chemical, originator, oxyacid, paranymph, paraprofessional, parent, parliamentary agent, passenger agent, pawn, performer, perpetrator, pilot, plaything, pleader, polymer, power, practitioner, press agent, prime mover, primum mobile, proctor, procurator, producer, proxy, pseudoisomer, puppet, purchasing agent, radical, reagent, real estate agent, rector, representative, responsible person, runner, sales agent, sea lawyer, second, secretary, selectee, self- styled lawyer, servant, sideman, sire, slave, solicitor, special agent, spokesman, spokesperson, spokeswoman, spook, spy, station agent, steersman, steward, stooge, subject, substitute, sulfacid, supercargo, supporting actor, supporting instrumentalist, surrogate, theatrical agent, ticket agent, tie, tool, toy, travel agent, trimer, undercover man, vehicle, walking delegate, wholesaler, worker In the {client-server} model, the part of the
system that performs information preparation and exchange on
behalf of a {client} or {server}. Especially in the phrase
"intelligent agent" it implies some kind of automatic process
which can communicate with other agents to perform some
collective task on behalf of one or more humans.
(1995-04-09)
AGENT, international law. One who is employed by a prince to manage hisprivate affairs, or, those of his subjects in his name, near a foreign, government. Wolff, Inst. Nat. Sec. 1237.
AGENT, contracts. One who undertakes to manage some affair to be transactedfor another, by his authority on account of the latter, who is called theprincipal, and to render an account of it. 2. There are various descriptions of agents, to whom differentappellations are given according to the nature of their employments; asbrokers, factors, supercargoes, attorneys, and the like; they are allincluded in this general term. The authority is created either by deed, bysimple writing, by parol, or by mere employment, according to the capacityof the parties, or the nature of the act to be done. It is, therefore, express or implied. Vide Authority. 3. It is said to be general or special with reference to its object, i. e., according as it is confined to a single act or is extended to all actsconnected with a particular employment. 4. With reference to the manner of its execution, it is either limitedor unlimited, i. e. the agent is bound by precise instructions, ( q. v.) orleft to pursue his own discretion. It is the duty of an agent, 1, To performwhat he has undertaken in relation to his agency. 2, To use all necessarycare. 3, To render an account. Pothier, Tr. du Contrat de Mandat, passim; Paley, Agency, 1 and 2; 1 Livrm. Agency, 2; 1 Suppl. to Ves. Jr. 67, 97, 409; 2 Id. 153, 165, 240; Bac. Abr. Master and Servant, 1; 1 Ves. Jr. R. 317. Vide Smith on Merc. Law, ch. 3, p. 43,. et seq. and the articlesAgency, Authority, and Principal. 5. Agents are either joint or several. It is a general rule of thecommon law, that when an authority is given to two or more persons to do anact, and there is no several authority given, all the agents must concur indoing it, in order to bind the principal. 3 Pick. R. 232; 2 Pick. R. 346; 12Mass. R. 185; Co. Litt. 49 b, 112 b, 113, and Harg. n. 2; Id. 181 b. 6 Pick. R. 198 6 John. R. 39; 5 Barn. & Ald. 628. 6. This rule has been so construed that when the authority is givenjointly and severally to three person, two cannot properly execute it; itmust be done by all or by one only. Co. Litt. 181 b; Com. Dig. Attorney, C11; but if the authority is so worded that it is apparent, the principalintended to give power to either of them, an execution by two will be valid. Co. Litt. 49 b; Dy. R. 62; 5 Barn. & Ald. 628. This rule applies to privateagencies: for, in public agencies an authority executed by a major would besufficient. 1 Co. Litt. 181b; Com. Dig. Attorney, C 15; Bac. Ab. Authority, C; 1 T. R. 592. 7. The rule in commercial transactions however, is very different; andgenerally when there are several agents each possesses the whole power. Forexample, on a consignment of goods for sale to two factors, ( whether theyare partners or not,) each of them is understood to possess the whole powerover the goods for the purposes of the consignment. 3 Wils. R. 94, 114; Storyon Ag. Sec. 43. 8. As to the persons who are capable of becoming agents, it may beobserved, that but few persons are excluded from acting as agents, or fromexercising authority delegated to them by others. It is not, therefore, requisite that a person be sui juris, or capable of acting in his own right, in order to be qualified to act for others. Infants, femes covert, personsattainted or outlawed, aliens and other persons incompetent for manypurposes, may act as agents for others. Co. Litt. 62; Bac. Ab. Authority, B; Com. Dig. Attorney, C 4; Id. Baron and Feme, P 3; 1 Hill, S. Car. R. 271; 4Wend. 465; 3 Miss. R. 465; 10 John. R. 114; 3 Watts, 39; 2 S. & R. 197; 1Pet. R. 170. 9. But in the case of a married woman, it is to be observed, that shecannot be an agent for another when her husband expressly dissents, particularly when he may be rendered liable for her acts. Persons who haveclearly no understanding, as idiots and lunatics cannot be agents forothers. Story on Ag. Sec. 7. 10. There is another class who, though possessing understanding, areincapable of acting as agents for others; these are persons whose duties andcharacters are incompatible with their obligations to the principal. Forexample, a person cannot act as agent in buying for another, goods belongingto himself. Paley on Ag. by Lloyd, 33 to 38; 2 Ves. Jr. 317. 11. An agenthas rights which he can enforce, and is, liable to obligations which he mustperform. These will be briefly considered: 11. The rights to which agents are entitled, arise from obligations dueto them by their principals, or by third persons. 12 - 1. Their rights against their principals are, 1., to receive a justcompensation for their services, when faithfully performed, in execution ofa lawful agency, unless such services, are entirely gratuitous, or theagreement between the parties repels such a claim; this compensation, usually called a commission, is regulated either by particular agreement, or by the usage of trade, or the presumed intention of the parties. 8 Bing. 65; 1 Caines, 349; 2 Caines, 357. 2. To be reimbursed all their just advances, expenses anddisbursements made in the course of their agency, on account of, or for thebenefit of their principal; 2 Liverm. on Ag. 11- 23; Story on Ag. Sec. 335; Story on Bailm. Sec. 196; Smith on Mer. Law, 56; 6 East, 392; and also to bepaid interest upon such advances, whenever from the nature of the business, or the usage of trade, or the particular agreement of the parties, it may befairly presumed to have been stipulated for, or due to the agent. 7 Wend. 315; 3 Binn. 295; 3 Caines, 226; 3 Camp. 467; 15 East, 223. 13. Besides the personal remedies which an agent has to enforce hisclaims against his principal for his commissions and, advancements, he has alien upon the property of the principal in his hand. See Lien, and Story onAg. Sec. 351 to 390. 14.- 2. The rights of agents against third persons arise, either oncontracts made between such third persons and them, or in consequence oftorts committed by the latter. 1. The rights of agents against third personson contracts, are, 1st, when the contract is in writing and made expresslywith the agent, and imports to be a contract personally with him, althoughhe may be known to act as an agent; as, for example, when a promissory noteis given to the agent as such, for the benefit of his principal, and thepromise is to pay the money to the agent, oe nomine. Story on Ag. 393, 394; 8 Mass. 103; see 6 S.& R. 420; 1 Lev. 235; 3 Camp. 320; 5 B.& A. 27. 2d. When the agent is the only known or ostensible principal, and therefore, isin contemplation of law, the real contracting party. Story on Ag. Sec. 226, 270, 399. As, if an agent sell goods of his principal in his own name, as ifhe were the owner, he is entitled to sue the buyer in his own name; althoughhis principal may also sue. 12 Wend. 413; 5 M.& S. 833. And on the otherhand, if he so buy, he may enforce the contract by action. 3d. When, by theusage of trade, the agent is authorized to act as owner, or as a principalcontracting party, although his character as agent is known, he may enforcehis contract by action. For example, an auctioner, who sells the goods ofanother may maintain an action for the price, because he has a possessioncoupled with an interest in the goods, and it is a general rule, thatwhenever an agent, though known as such, has a special property in thesubject- matter of the contract, and not a bare custody, or when he hasacquired an interest, or has a lien upon it, he may sue upon the contract. 2Esp. R. 493; 1 H. Bl. 81, 84; 6 Wheat. 665; 3 Chit. Com. Law, 10; 3 B. & A. 276. But this right to bring an action by agents is subordinate to therights of the principal, who may, unless in particular cases, where theagent has a lien, or some other vested right, bring a suit himself, andsuspend or extinguish the right of the agent. 7 Taunt. 237, 243; 2 Wash. C. C. R. 283. 2. Agents are entitled to actions against third persons for tortscommitted against them in the course of their agency. 1st. They may maintainactions, of trespass or trover against third persons for any torts orinjuries affecting their possession of the goods which they hold as agents. Story on Ag. Sec. 414; 13 East, 135; 9 B. & Cressw. 208; 1 Hen. Bl. 81. 2d. When an agent has been induced by the fraud of a third person to sell or buygoods for his principal, and he has sustained loss, he may maintain anaction against such third person for such wrongful act, deceit, or fraud. Story on Ag. Sec. 415. 15.- 2. Agents are liable for their acts, 1, to their principals; and2, to third person. 16.- 1. The liabilities of agents to their principals arise from aviolation of their duties and obligations to the principal, by exceedingtheir authority, by misconduct, or by any negligence or omission, or act bywhich the principal sustains a loss. 3 B. & Adol. 415; 12 Pick. 328. Agentsmay become liable for damages and loss under a special contract, contrary tothe general usages of trade. They may also become responsible when charginga del credere commission. Story on Ag. Sec. 234. 17.- 2. Agents become liable to third persons; 1st, on their contract; 1, when the agent, undertakes to do an act for another, and does not possessa sufficient authority from the principal, and that is unknown to the otherparty, he will be considered as having acted for himself as a principal. 3B. 9 Adol. 114. 2. When the agent does not disclose his agency, he will beconsidered as a principal; 2 Ep. R. 667; 15 East, 62; 12 Ves. 352; 16Martin' s R. 530; and, in the case of agents or factors, acting for merchantsin a foreign country, they will be considered liable whether they disclosetheir principal or not, this being the usage of the trade; Paley on Ag. byLloyd, 248, 373; 1 B.& P. 368; but this presumption may be rebutted by proofof a contrary agreement. 3. The agent will be liable when he expressly, orby implication, incurs a personal responsibility. Story on Ag. Sec. 156- 159. 4. When the agent makes a contract as such, and there is no otherresponsible as principal, to whom resort can be had; as, if a man sign anote as " guardian of AB," an infant; in that case neither the infant nor hisproperty will be liable, and the agent alone will be responsible. 5 Mass. 299; 6 Mass., 58. 2d. Agents become liable to third persons in regard totorts or wrongs done by them in the course of their agency. A distinctionhas been made, in relation to third persons, between acts of misfeasance andnon- feasance: an agent is, liable for the former, under certaincircumstances, but not for the latter; he being responsible for his non- feasance only to his principal. Story on Ag. Sec. 309, 310. An agent isliable for misfeasance as to third persons, when, intentionally orignorantly, he commits a wrong, although authorized by his principal, because no one can lawfully authorize another to commit a wrong upon therights or property of another. 1 Wils. R. 328; 1 B. & P. 410. 3d. An agentis liable to refund money, when payment to him is void ab initio, so that, the money was never received for the use of his principal, and he isconsequently not accountable to the latter for it, if he has not actuallypaid it over at the time he receives notice of the take. 2 Cowp. 565; 10Mod. 233; M.& S. 344. But unless " caught with the money in his possession," the agent is not responsible. 2 Moore, 5; 8 Taunt. 136; 9 Bing. 878; 7 B.& C. 111; 1 Cowp. 69; 4 Taunt. 198. This last rule is, however, subject tothis qualification, that the money shall have been lawfully received by theagent; for if, in receiving it, the agent was a wrongdoer, he will not beexempted from liability by payment to his principal. 1 Campb. 396; 8 Bing. 424; 1 T. R. 62; 2 Campb. 122; 1 Selw. N. P. 90, n.; 12 M. & W. 688; 6 A.& Ell. N. S. 280; 1 Taunt. 359; 3 Esp. 153. See Diplomatic Agent.
AGENT, practice. An agent is an attorney who transacts the business ofanother attorney. 2. The agent owes to his principal the unremitted exertions of his skilland ability, and that all his transactions in that character, shall bedistinguished by punctuality, honor and integrity. Lee' s Dict. of Practice. |
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