Questions of agency regularly arise in the work of commercial practitioners. Agency: Law and Principles addresses these questions by offering clear and accessible analysis of the principles of agency law, as well as detailed explanation of the Commercial Agents (Council Directive) Regulations of 1993.
Forensic analysis of case law is combined with a practical approach to the law which accurately reflects modern commercial realities, considering the application of agency principles according to particular classes of agents operating in the major commercial sectors. Areas discussed include actual and apparent authority of an agent, agency of necessity, want of authority and ratification looking at the legal relations between principal and agent, and between third party as well as the relations between agent and third party, sub-agency and termination of agency.
This fourth edition has been updated to include all significant new case law and legislation, while also considering the impact on the principles of agency law. The implications of the European Withdrawal Act (2018) regarding English Couts' interpretation of the Commercial Agents (Council Directive) Regulations 1993 are considered. Case law on the Regulations is covered as part of this analysis including Green Deal Marketing Southern Ltd v Economy Energy Trading Ltd (2019). The disputed decision in East Asia Company Ltd V PT Satria Tirtatama Energinde (2019) is analysed in the coverage of agents' apparent authority. The distinction between agents, employees and independent contractors with regards to vicarious liability, as exemplified in three Supreme Court decisions, Various Claimants v Catholic Child Welfare Society (2012), WM Morrison Supermarkets Plc v Various Claimants (2020) and Barclays Bank v Various Claimants (2020), is fully explained.
1. The Nature of Agency2. Creation of Agency3. The Actual Authority of the Agent4. Apparent Authority5. Authority Deriving from Agency of Necessity6. Ratification7. The Agent's Liability for Breach of Warranty of Authority8. Legal Relations Between Principal and Agent: Duties the Agent Owes to his Principal9. Legal Relations Between Principal and Agent: Rights of the Agent Against the Principal10. Legal Relations Between Principal and Agent11. The Tortious Liabilities of Principal and Agent12. Legal Relations Between Agent and Third Party13. Termination of Agency
Roderick Munday is a Reader Emeritus in Law and Affiliated Lecturer at the University of Cambridge. He is a Fellow Emeritus at Peterhouse, Cambridge.
Having completed his undergraduate studies in Law at Cambridge and having begun research towards a doctorate, Dr Munday intermitted his research in order to take up a teaching post at the Institut de Droit Comparé, Université Panthéon-Assas Paris II. Upon his return to Cambridge he was elected into a Research Fellowship at St. Catharine's College, but shortly afterwards translated to Peterhouse as an Official Fellow. He is also a Bencher of Lincoln's Inn. His works include Evidence (OUP: 2019), Cross and Tapper on Evidence (OUP: 2018), and is a co-author of Commercial Law: Text, Cases, and Materials (OUP: 2017).
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