| Preface |
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v | |
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xv | |
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Table of European Legislation |
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xxxv | |
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xxxvii | |
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Usage of the Term `Agent' |
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1 | (5) |
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6 | (6) |
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Agency and European Union Law |
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12 | (6) |
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Seeking the Essence of Agency |
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18 | (11) |
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`Commercial Agents' Under the Commercial Agents (Council Directive) Regulations 1993 |
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29 | |
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Contractual and Gratuitous Agencies |
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1 | (2) |
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Agency That Arises as a Matter of Law |
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3 | (3) |
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Legal Capacity of the Parties |
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6 | (3) |
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9 | |
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The Actual Authority of the Agent |
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4 | (11) |
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Construing authority conferred by deed |
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5 | (6) |
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Construing authority not conferred by deed |
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11 | (4) |
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15 | |
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Implied authority deriving from the usual incidents of the agent's professional activities |
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19 | (5) |
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Implied authority deriving from customs and trade usages |
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24 | |
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What is `Apparent Authority'? |
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1 | (3) |
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When Does Apparent Authority Arise? |
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4 | (7) |
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The Requirements of Apparent Authority |
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11 | (32) |
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12 | (22) |
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34 | (6) |
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40 | (3) |
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The Effects of Apparent Authority |
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43 | (1) |
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Apparent Authority and the Agent's Fraudulent and Disloyal Acts |
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44 | (3) |
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Duration of Apparent Authority |
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47 | (1) |
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Authority Arising out of Estoppel by Representation |
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48 | |
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Authority Deriving from Agency of Necessity |
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1 | (1) |
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True cases of agency of necessity |
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4 | (14) |
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Necessitous interventions |
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18 | |
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Ratification of Unauthorized Acts |
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1 | (8) |
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9 | (13) |
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Full Knowledge of All Material Circumstances |
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22 | (4) |
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What Constitutes Ratification |
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26 | (7) |
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No Unfair Prejudice to Third Party |
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33 | (14) |
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47 | |
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The Agent's Liability for Breach of Warranty of Authority |
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1 | (8) |
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The Legal Character of the Third Party's Claim |
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9 | (6) |
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15 | (7) |
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Exceptional Situations in Which the Agent Will Not Be Held Liable |
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22 | (5) |
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27 | |
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Legal Relations Between Principal and Agent: Duties the Agent Owes to His Principal |
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The Agent's Duty to Perform His Agency |
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3 | (12) |
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3 | (10) |
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13 | (2) |
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Fiduciary Duties Owed by the Agent |
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15 | (54) |
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Duty not to allow his interests to conflict with those of the principal |
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18 | (8) |
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Duty to make full disclosure |
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26 | (4) |
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Duty not to take advantage of his position |
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30 | (7) |
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Duty not to take bribes or secret commissions |
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37 | (9) |
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Duty not to delegate his office; sub-agency |
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46 | (15) |
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61 | (8) |
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Duties Owed by Commercial Agents |
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69 | |
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Legal Relations Between Principal and Agent: Rights of the Agent Against the Principal |
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The Agent's Entitlement to Remuneration |
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2 | (32) |
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9 | (7) |
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The agent's right to earn commission |
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16 | (4) |
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Remuneration of commercial agents under the Commercial Agents Directive |
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20 | (14) |
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The Agent's Right to an Indemnity |
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34 | (11) |
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45 | |
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Acquisition of the Agent's lien |
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51 | (7) |
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58 | (3) |
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61 | |
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Legal Relations Between Principal and Third Party |
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2 | (25) |
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Rights and liabilities of disclosed principals |
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2 | (6) |
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Liabilities of agents and disclosed principals where the agent has undertaken personal liability |
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8 | (9) |
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Settlement with the agent of a disclosed principal |
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17 | (10) |
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27 | (53) |
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General principles affecting undisclosed agency |
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27 | (9) |
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Where the undisclosed principal may not intervene on the agent's contract |
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36 | (19) |
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Legal effects of undisclosed agency |
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55 | (10) |
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65 | (4) |
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Undisclosed principals and deeds |
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69 | (3) |
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Watteau v Fenwick: cases in which an undisclosed `principal' incurs liability for prohibited acts falling within his agent's usual authority |
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72 | (8) |
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Unauthorized Dispositions of Property by the Agent |
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80 | |
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The doctrine of apparent ownership |
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85 | (8) |
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Sales, pledges or other dispositions of goods by mercantile agents under the Factors Act 1889 |
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93 | |
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The Tortious Liabilities of Principal and Agent |
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The Personal Liability of the Agent in Tort |
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2 | (2) |
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Common Forms of Tortious Liability Affecting Agency |
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4 | (14) |
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The Tortious Liability of the Principal |
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18 | |
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Legal Relations Between Agent and Third Party |
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Contracts under Which the Agent Undertakes Personal Liability |
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5 | (11) |
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Contracts under Which the Agent May Be Held to Have Assumed Personal Liability |
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16 | (6) |
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Agents of unnamed principals |
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16 | (2) |
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Agents of foreign principals |
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18 | (4) |
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Special Cases: Deeds and Negotiable Instruments |
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22 | (3) |
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Rights that the Agent Acquires under the Principal's Contract |
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25 | (5) |
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Rights of the Agent Who in Reality Acts for Himself |
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30 | |
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Termination by Act of the Parties |
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2 | (14) |
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3 | (2) |
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5 | (11) |
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Termination by Operation of Law |
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16 | (9) |
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Termination under the Commercial Agents (Council Directive) Regulations 1993 |
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25 | (5) |
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The Effects of Termination |
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30 | (12) |
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The effects of termination at common law |
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30 | (4) |
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The effects of termination under the Commercial Agents (Council Directive) Regulations 1993 |
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34 | (8) |
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Indemnity and compensation |
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42 | (13) |
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Loss of agent's entitlement to indemnity or compensation for damage |
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55 | (300) |
| Index |
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355 | |