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Agency: Law and Principles [Pehme köide]

  • Formaat: Paperback / softback, 416 pages, kõrgus x laius x paksus: 233x151x22 mm, kaal: 609 g
  • Ilmumisaeg: 21-Jan-2010
  • Kirjastus: Oxford University Press
  • ISBN-10: 0199230374
  • ISBN-13: 9780199230372
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  • Formaat: Paperback / softback, 416 pages, kõrgus x laius x paksus: 233x151x22 mm, kaal: 609 g
  • Ilmumisaeg: 21-Jan-2010
  • Kirjastus: Oxford University Press
  • ISBN-10: 0199230374
  • ISBN-13: 9780199230372
Teised raamatud teemal:
This new work fills the gap for a much-needed clear, accessible and easy-to-use book on agency. It provides a useful reminder of the principles of agency law for experienced practitioners. It is also of interest to students looking for an approachable text on this topic.

The Commercial Agents (Council Directive) Regulations 1993, which implement the European Directive relating to Self Employed Commercial Agents (86/653/EEC), have come to assume growing practical importance and there is now a significant body of English (and European) case law interpreting and illustrating the operation of this body of law. In consequence, questions arising out of the Regulations have become a regular feature of the commercial practitioner's work. This new work reflects this change of legal focus and explains the Regulations in significant detail.

In addition to covering the general principles of agency law, the work addresses the application of law and the activities of particular classes of commercial agents operating in the major commercial centers, such as finance and banking, and international trade.

The content includes discussion of actual and apparent authority of an agent, agency of necessity, want of authority and ratification as well as the legal relations between principal and agent, between principal and third party and between agent and third party, sub-agency and termination of agency.

Arvustused

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