What type of agency arises from the actions of one or both parties without any written agreement?

Implied agency arises from the actions and conduct of both parties, rather than from a formal, written agreement. This type of agency is established when a principal and an agent engage in behaviors or actions that suggest a mutual understanding or agreement exists regarding the agent's authority to act on behalf of the principal. For instance, if a homeowner allows a real estate agent to show their property and negotiate offers, an implied agency may be created without any verbal or written contract being established.

In contrast, express agency is explicitly defined through a written or verbal agreement where the responsibilities and powers of the agent are clearly outlined. Special agency refers to a situation where the agent is authorized to act for a principal in a specific transaction or for a limited purpose, while general agency grants wider authority to act on behalf of the principal in a broader scope of tasks. Implied agency is unique in that it relies entirely on the behavior and interaction of the parties involved rather than documented agreements.