Agency 1 MM - Summary using case law and lecture notes in the form of a mindmap. PDF

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Summary

Summary using case law and lecture notes in the form of a mindmap. ...

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contract arranged between principal A and third party C by agent B directly binds A and C in matters contractual and delictual oral/written ROW(S)A 1995 Partnership Act 1890 s.5 'Powers directors to bind the company

Companies Act 2006, s.40

express appointment

partners

Company directors

Insolvency Act 1986, s.57(1)

3rd party principal

implied appointment by statute

receivers

certain employees Actual agency

hotel manager agent for hotel

Mackenzie v Cluny Hill Hydropathic Co 1908

hotel liable for delicts of manager

hired car for personal use company liable 'Accordingly I agree with the judge... had ostensible authority to enter into contracts for the hire of these cars, and therefore, the company must pay for them...'

Implied appointment by common law Panorama Developments v Fidelis Furnishing 1971

held based on factual evidence commercial ease notice exercising early break clause

Spencer Holdings Ltd

principal can adopt/ratify agent's actions

served on person in associated company

competence disputed

'...I accept that in the absence of express authority creating a general agency, there must be a clear evidence to support the inference of such agency'

Bell, Principles, para 540

compensated obligation

Batt Cables Plc v Spencer Business Parks Ltd 2010

Agency implied in the circumstances

Lord Hodge

brother executor

perfectly legitimate as acting as agent of necessity right to be indemnified

effective as at the da ratification

management of the dominus affairs in absence or incapacity on the presumption he would, if aware give authority

must be timely

only valid when the at least made identif an ostensible agenc

'...an obligation is hence raised... to the effect of indemnifying the negotiorum gestor'

exists between 2 persons

Upon agency arising fiduciary relationship Principal agent

the principal the one who is to act the agency

Bannantine's Trs v Cunninghame 1872

"a person such as a trustee, who holds a position of trust or confidence with respect to someone else who is therefore obliged to act solely for that person's benefit...'

held

woman with old age and paralysis lived with daughter

trustees and b

Agency by necessity (negotiorium gestio)

company prom

daughter managed affairs action brought after mothers death for payment heir was liable in so far as he had been lucratus (enriched) by the repairs

Fiduciary

Agency 1

employed tradesmen to make repairs Fernie v Robertson 1871

"Agency is the relationship that exists between two persons...one called the is considered in law to represent the o called the principal, in such a way to b to affect the principal's legal position in respect of strangers to the relationship making of contracts or the [sale of purc of property"

handed over to 3rd party

defenders guilty of negligence a

directors and t

guardians and held

shipped to England to preserve them indemnity protecting company but not owners

relationships include

solicitors and c

Definition

liability in damages if gesture fails to exercise reasonable care letter of guarantee

o

affect his relationships with 3r

one on whose behalf the act/acts are to be done

General

Husband life renter

in Australia

principal must have date of the action an

Agent acted w/o authority of principal

Agent of necessity must not act unnecessarily made payments towards the debts and uplifted certain rents

express/implied from

Kolbin v United Shipping Co 1931

Fridman...