Contracts of Agency without Stipulations as to Duration
Hardman, Thomas Porter
Abstract
The Restatement of Agency by the American Law Institute provides that "A contract of agency, or a contract of service, is the contract, when one exists, which determines the existence, duration, terms or conditions of the [agency] relation." But what is the duration of the relation when this so-called "contract of agency" contains no stipulation as to how long the employment is to continue? And how does the so-called contract of agency determine the duration in such cases? It is the purpose of this comment to discuss the West Virginia cases on this point.