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Agency: Law and Principles 2nd edition [Mīkstie vāki]

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  • Formāts: Paperback / softback, 424 pages, weight: 612 g
  • Izdošanas datums: 10-Dec-2013
  • Izdevniecība: Oxford University Press
  • ISBN-10: 0199681619
  • ISBN-13: 9780199681617
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Agency: Law and Principles 2nd editionPalielināt
  • Formāts: Paperback / softback, 424 pages, weight: 612 g
  • Izdošanas datums: 10-Dec-2013
  • Izdevniecība: Oxford University Press
  • ISBN-10: 0199681619
  • ISBN-13: 9780199681617
Citas grāmatas par šo tēmu:
Permanent link: https://www.kriso.lv/db/9780199681617.html
Keywords:
This work has addressed the need among commercial practitioners for a quick reference treatment of the law of agency. Since the Commercial Agents (Council Directive) Regulations of 1993, questions of agency have become a regular feature of the commercial practitioner's work. This book explains the Regulations in significant detail and addresses the application of agency principles according to particular classes of commercial agents operating in the major commercial sectors.

The new edition maintains the cutting-edge approach of the first by placing greater emphasis on contemporary case law to reflect the realities of modern commercial practice. Noted for its uniquely clear and accessible style, this work also functions as the ideal introduction to agency principles for students, with a detailed introductory section covering the principles of agency.

This work combines sharp analysis of the principles and theory with a practical approach to the application of the law in a modern context.

Recenzijas

Review from previous edition This text is a thorough undertaking which manages to be both accessible and easy to read, yet comprehensive and scholarly in its approach...the author manages to bring to life what is traditionally perceived as a rather dry subject by showing its direct relevance to modern commercial realities. Severine Saintier, Legal Studies This new work, written by a leading Cambridge academic, is in my view now the best one stop introduction to agency available for practitioners and law students alike... The quality of the work is impressive and this essential work should form part of all academic law libraries and the law libraries of any firm of solicitors or set of chambers operating in the commercial field. Bankim Thanki QC, Fountain Court Chambers ...whether you are student, academic or busy lawyer, this is a short book from which you will find it difficult not to benefit Andrew Tettenborn, University of Exeter To tackle this reasonably 'new' area of the law of agency in a general book on the topic further helps to highlight the relevance of agency as a modern commercial marketing tool for businesses. Overall this contribution represents a very useful addition to the scholarship in this area and will assist many readers to further their understanding of this fascinating area Severine Saintier, Legal Studies

Preface to the Second Edition v
Table of Cases
xiii
Table of European Legislation
xxxiii
Table of Statutes
xxxv
1 The Nature of `Agency'
Usage of the Term `Agent'
1(5)
Varieties of Agency
6(6)
Agency and European Union Law
12(7)
Seeking the Essence of Agency
19(12)
`Commercial Agents' under the Commercial Agents (Council Directive) Regulations 1993
31
2 Creation of Agency
Contractual and Gratuitous Agencies
1(2)
Agency that arises as a Matter of Law
3(3)
Legal Capacity of the Parties
6(3)
Formalities
9
3 The Actual Authority of the Agent
Express Actual Authority
4(1)
Construing authority conferred by deed
5(7)
Construing authority not conferred by deed
12(4)
Implied Actual Authority
16(4)
Implied authority deriving from the usual incidents of the agents professional activities
20(6)
Implied authority deriving from customs and trade usages
26
4 Apparent Authority
What is Apparent Authority'?
1(3)
When does Apparent Authority arise?
4(7)
The Requirements of Apparent Authority
11(1)
Representation
12(25)
Reliance
37(9)
Alteration of position
46(3)
The Effects of Apparent Authority
49(1)
Apparent Authority and the Agent's Fraudulent and Disloyal Acts
50(3)
Duration of Apparent Authority
53(1)
Authority arising out of Estoppel by Representation
54
5 Authority Deriving from Agency of Necessity Agency of Necessity
1(1)
True cases of agency of necessity
4(14)
Necessitous interventions
18
6 Ratification
Ratification of Unauthorized Acts
1(8)
Who May Ratify
9(13)
Full Knowledge of All Material Circumstances
22(4)
What Constitutes Ratification
26(8)
No Unfair Prejudice to Third Party
34(14)
Effects of Ratification
48
7 The Agent's Liability for Breach of Warranty of Authority
Warranty of Authority
1(8)
The Legal Character of the Third Party's Claim
9(9)
The Measure of Damages
18(7)
Exceptional Situations in which the Agent will not be held Liable
25(5)
Summary
30
8 Legal Relations Between Principal and Agent: Duties the Agent Owes to his Principal
The Agent's Duty to Perform his Agency
3(1)
Contractual agencies
3(10)
Gratuitous agencies
13(2)
Fiduciary Duties owed by the Agent
15(5)
Duty not to allow his interests to conflict with those of the principal
20(9)
Duty to make full disclosure
29(4)
Duty not to take advantage of his position
33(7)
Duty not to take bribes or secret commissions
40(10)
Duty not to delegate his office; sub-agency
50(17)
Duty to account
67(8)
Duties owed by Commercial Agents
75
9 Legal Relations Between Principal and Agent: Rights of the Agent against the Principal
The Agent's Entitlement to Remuneration
2(8)
Effective cause
10(9)
The agent's right to earn commission
19(6)
Remuneration of commercial agents under the Commercial Agents Directive
25(16)
The Agent's Right to an Indemnity
41(11)
The Agent's Lien
52(6)
Acquisition of the agent's lien
58(7)
Loss of the agent's lien
65(3)
The lien of sub-agents
68
10 Legal Relations Between Principal and Third Party
Disclosed Agency
2(1)
Rights and liabilities of disclosed principals
2(6)
Liabilities of agents and disclosed principals where the agent has undertaken personal liability
8(9)
Settlement with the agent of a disclosed principal
17(10)
Undisclosed Agency
27(1)
General principles affecting undisclosed agency
27(11)
Where the undisclosed principal may not intervene on the agent's contract
38(19)
Legal effects of undisclosed agency
57(10)
Settlement
67(4)
Undisclosed principals and deeds
71(3)
Watteau v Fenwick. Cases in which an undisclosed `principal' incurs liability for prohibited acts falling within his agent's usual authority
74(8)
Unauthorized Dispositions of Property by the Agent
82(5)
The doctrine of apparent ownership
87(8)
Sales, pledges or other dispositions of goods by mercantile agents under the Factors Act 1889
95
11 The Tortious Liabilities of Principal and Agent
The Personal Liability of the Agent in Tort
2(2)
Common Forms of Tortious Liability affecting Agency
4(15)
The Tortious Liability of the Principal
19
12 Legal Relations Between Agent and Third Party
Contracts under which the Agent undertakes Personal Liability
5(11)
Contracts under which the Agent assumes Personal Liability
16(1)
Agents of unnamed principals
16(2)
Agents of foreign principals
18(4)
Special Cases: Deeds and Negotiable Instruments
22(3)
Rights that the Agent acquires under the Principal's Contract
25(5)
Rights of the Agent who in Reality acts for himself
30
13 Termination of Agency
Termination by Act of the Parties
3(1)
Revocable agencies
4(2)
Irrevocable agencies
6(11)
Termination by Operation of Law
17(9)
Termination under the Commercial Agents (Council Directive) Regulations 1993
26(5)
The Effects of Termination
31(1)
The effects of termination at common law
31(4)
The effects of termination under the Commercial Agents (Council Directive) Regulations 1993
35(8)
Indemnity and compensation
43(14)
Loss of agents entitlement to indemnity or compensation for damage
57(306)
Index 363
Roderick Munday is a Reader in the Faculty of Law and Fellow and Director of Studies in Law at Peterhouse. Dr Munday currently lectures in the Law Faculty at Cambridge on the Law of Contract, Commercial Law, Criminal Procedure and Criminal Evidence, and Comparative Law. His research interests are varied, but largely centre upon the Law of Evidence, Comparative Law and legal method. Dr Munday holds a part-time visiting professorial appointment at the University of Paris II, and in the past has held visiting chairs at the University of Paris I, the University of Poitiers, the University of Kansas, the Victoria University of Wellington, and the University of Florida. Having completed his undergraduate studies in Law at Cambridge, Dr Munday began research towards a doctorate. After teaching at the Institut de Droit Compare, Universite Pantheon-Assas Paris II, he was elected into a Research Fellowship at St. Catharine's College, but shortly afterwards translated to Peterhouse as an Official Fellow.