| Preface |
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v | |
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Table of Abbreviations of Commonwealth Cases |
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xix | |
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xxi | |
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xxix | |
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Table of Statutory Instruments |
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xxxi | |
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1 | (1) |
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Article 1 Agency and authority |
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1 | (34) |
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Article 2 Farther definitions |
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35 | |
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1 | (1) |
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1 | (27) |
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Article 3 How agency arises |
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1 | (5) |
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Article 4 Capacity to act as principal |
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6 | (5) |
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Article 5 Capacity to act as agent |
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11 | (6) |
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Article 6 Acts which may be done by means of an agent |
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17 | (11) |
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Section 2 Agency Arising by Agreement |
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28 | (19) |
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Article 7 Express agreement |
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28 | (2) |
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Article 8 Implied agreement |
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30 | (5) |
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Article 9 Formalities for appointment |
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35 | (5) |
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Article 10 Authority to execute a deed |
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40 | (3) |
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43 | (2) |
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45 | (2) |
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47 | (52) |
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Article 13 General principle |
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47 | (5) |
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Article 14 What acts may be ratified |
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52 | (8) |
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Article 15 Who may ratify |
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60 | (7) |
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Article 16 Knowledge necessary for ratification |
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67 | (3) |
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Article 17 What constitutes ratification |
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70 | (12) |
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Article 18 Events not preventing ratification |
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82 | (5) |
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Article 19 Limits on ratification |
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87 | (6) |
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Article 20 Effect of ratification |
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93 | (6) |
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Section 4 Estoppel from Denying Existence of Agency Relationship |
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99 | |
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Article 21 Estoppel from denying existence of agency relationship |
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99 | |
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1 | (1) |
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Section 1 Actual and Apparent Authority |
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1 | (9) |
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Article 22 Types of authority |
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1 | (6) |
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Article 23 No authority to act other than for principal's benefit |
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7 | (3) |
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Section 2 Express Actual Authority |
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10 | (8) |
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Article 24 Construction of powers of authority |
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10 | (3) |
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Article 25 Construction of authority not given by deed |
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13 | (3) |
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Article 26 Authority given in ambiguous terms |
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16 | (2) |
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Section 3 Implied Actual Authority |
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18 | (22) |
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Article 27 To do what is necessary for, or incidental to, effective execution of express authority (incidental authority) |
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18 | (3) |
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Article 28 Authority to receive payment of money |
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21 | (3) |
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Article 29 Managerial agents: implied authority where employed to conduct trade or business or act generally in certain matters (usual authority) |
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24 | (3) |
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Article 30 Professional agents: implied authority where employed in the course of business as agent (usual authority) |
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27 | (3) |
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Article 31 Authority implied from special usages (customary authority) |
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30 | (8) |
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Article 32 Authority implied from course of dealing and circumstances of case |
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38 | (2) |
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Section 4 Presumed Authority |
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40 | |
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1 | (1) |
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Article 33 Doctrine of agency of necessity |
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1 | (1) |
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1 | (1) |
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Article 34 When agent may delegate authority |
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1 | (7) |
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Article 35 Relation between principal and sub-agent |
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8 | |
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6 Duties of Agents Towards Their Principals |
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1 | (1) |
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Section 1 Duties of Performance |
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2 | (30) |
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Article 36 Contractual agent's duty to perform undertaking |
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2 | (6) |
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Article 37 Contractual agent's duty to obey further instructions given by principal |
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8 | (2) |
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Article 38 Ambiguous instructions |
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10 | (2) |
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Article 39 Contractual agent's duty to carry out instructions with dispatch |
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12 | (3) |
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Article 40 Contractual agent's duty to use due skill and care |
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15 | (8) |
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Article 41 Not liable to principal in respect of contracts entered into on principal's behalf |
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23 | (2) |
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Article 42 Liability of gratuitous agents |
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25 | (7) |
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Section 2 Fiduciary Duties |
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32 | (78) |
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Article 43 Agent's fiduciary duties---general matters |
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32 | (14) |
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Article 44 Duty to avoid conflicts of interest, unless with consent |
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46 | (16) |
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Article 45 Agent dealing with principal |
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62 | (11) |
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Article 46 Agent duty not to profit from position |
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73 | (2) |
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Article 47 Agent using principal's property to acquire benefits |
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75 | (4) |
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Article 48 Agent acquiring benefits in breach of duty |
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79 | (5) |
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Article 49 Liability of agents in respect of bribes and secret commissions |
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84 | (6) |
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Article 50 Duty to keep property of principal separate and preserve correct accounts |
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90 | (4) |
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Article 51 Duty to account |
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94 | (5) |
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Article 52 Common law duty to pay over money held for principal |
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99 | (3) |
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Article 53 Liability for interest |
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102 | (8) |
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Section 3 Agent's Estoppel as to Principal's Title |
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110 | |
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Article 54 Agent's estoppels as to principal's title |
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110 | |
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7 Rights of Agents Against Their Principals |
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1 | (1) |
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3 | (53) |
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Article 55 Whether agent entitled to any remuneration |
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3 | (10) |
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Article 56 Agents' remuneration due upon the happening of an event |
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13 | (14) |
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Article 57 Whether agent is effective cause of transaction |
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27 | (5) |
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Article 58 Agent prevented by principal from earning remuneration |
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32 | (12) |
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Article 59 Specific enforcement of agency contract |
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44 | (3) |
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Article 60 No remuneration for unauthorised transactions or in cases of misconduct or breach of duty |
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47 | (4) |
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Article 61 No remuneration in respect of unlawful transactions |
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51 | (5) |
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Section 2 Reimbursement and Indemnity |
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56 | (14) |
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Article 62 Reimbursement of expenses and indemnity from liabilities incurred in course of agency |
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56 | (6) |
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Article 63 Cases where reimbursement or indemnity not available |
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62 | (8) |
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70 | (29) |
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Article 64 Definitions of general and particular possessory liens |
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70 | (3) |
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Article 65 Possessory lien of agents |
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73 | (13) |
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Article 66 Confined to rights of principal, except in the case of money or negotiable securities |
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86 | (3) |
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Article 67 How lien extinguished or lost |
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89 | (5) |
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Article 68 Lien of sub-agents |
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94 | (5) |
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Section 4 Other Miscellaneous Rights |
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99 | |
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Article 69 Rights in respect of goods bought in own name |
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99 | (3) |
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Article 70 Right to interplead |
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102 | |
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8 Relations Between Principals and Third Parties |
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1 | (1) |
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Section 1 Contract and Restitution |
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1 | (125) |
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Article 71 Disclosed principal: general rule |
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1 | (12) |
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Article 72 Apparent (or ostensible) authority |
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13 | (36) |
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Article 73 No unauthorised act binding with respect to persons with notice |
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49 | (14) |
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Article 74 Fraud of agent |
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63 | (4) |
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Article 75 Disclosed principal not bound by acts outside actual or apparent authority |
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67 | (3) |
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Article 76 Undisclosed principal: rights and liabilities |
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70 | (15) |
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85 | (6) |
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Article 78 Bills, notes and cheques |
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91 | (5) |
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Article 79 Defences to action by or against principal |
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96 | (5) |
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Article 80 Settlement between principal and agent affecting recourse to principal |
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101 | (7) |
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Article 81 Settlement with or set-off against agent affecting rights of principal |
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108 | (6) |
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Article 82 Merger and election: release of principal |
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114 | (12) |
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Section 2 Dispositions of Property |
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126 | (50) |
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Article 83 Dispositions of principal's property by agent acting within actual or apparent authority |
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126 | (3) |
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Article 84 Doctrine of apparent ownership |
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129 | (5) |
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Article 85 Dispositions by agents entrusted with indicia of property |
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134 | (5) |
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Article 86 Dealings with money and negotiable securities |
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139 | (4) |
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Article 87 Dispositions protected by the Factors Act 1889 |
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143 | (17) |
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Article 88 Principal's right to follow and trace property into hands of third parties |
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160 | (9) |
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Article 89 Dispositions to agent |
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169 | (7) |
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176 | (28) |
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Article 90 Liability of principal for torts committed by agent |
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177 | (19) |
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Article 91 Misrepresentations by agent as to credit of third parties |
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196 | (2) |
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Article 92 Money, etc., misappropriated by agent |
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198 | (3) |
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Article 93 Money applied by agent for benefit of principal |
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201 | (3) |
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Section 4 Notification to and Knowledge Acquired through Agent |
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204 | (13) |
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Article 94 Notification to agent |
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204 | (3) |
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Article 95 Knowledge acquired through agent |
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207 | (10) |
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Section 5 Interference with Agent by Third Party and Involvement in Agent's Breach of Duty |
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217 | |
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Article 96 Rights of principal where third party implicated in agent's breach of duties |
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217 | |
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9 Relations Between Agents and Third Parties |
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1 | (1) |
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1 | (98) |
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1 | (3) |
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Article 98 When agent has rights and liabilities |
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4 | (32) |
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Article 99 Written contracts |
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36 | (3) |
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Article 100 Admissibility of extrinsic evidence |
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39 | (4) |
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Article 101 Oral contracts |
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43 | (4) |
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47 | (3) |
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Article 103 Bills, notes and cheques |
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50 | (7) |
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Article 104 Merger and election: release of agent |
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57 | (3) |
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Article 105 Warranty of authority |
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60 | (17) |
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Article 106 Measure of damages for breach of warranty of authority |
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77 | (7) |
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Article 107 Principal fictitious or non-existent |
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84 | (4) |
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Article 108 Agent shown to be the real principal |
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88 | (10) |
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Article 109 No right of action for promised bribes or secret commissions |
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98 | (1) |
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99 | (16) |
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Article 110 Right of agent to sue for money paid by mistake, etc. |
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99 | (2) |
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Article 111 Duty of agent to repay money received for use of principal |
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101 | (9) |
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Article 112 Money held to use of third parties |
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110 | (5) |
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115 | (19) |
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Article 113 Agent personally liable for torts and other wrongs |
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115 | (11) |
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Article 114 Conversion by innocent agent |
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126 | (6) |
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Article 115 Agent not liable for wrongs of co-agents or subagents working for principal |
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132 | (2) |
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134 | |
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Article 116 Accessory liability to breach of trust or fiduciary obligation and knowing receipt of property subject to trust or fiduciary obligation |
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134 | |
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10 Termination of Authority |
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1 | (1) |
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Article 117 Termination of actual authority |
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2 | (4) |
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Article 118 When authority cannot be terminated (irrevocable authority) |
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6 | (9) |
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Article 119 Termination of authority by death, mental incapacity or insolvency |
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15 | (8) |
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Article 120 Termination of authority by notice of revocation or renunciation |
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23 | (7) |
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Article 121 Apparent authority where actual authority terminated |
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30 | (4) |
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Article 122 Statutory protection of third parties and agents in respect of acts done under powers of attorney |
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34 | (4) |
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Article 123 Compensation at common law on termination of authority |
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38 | |
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1 | (1) |
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1 | (2) |
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Section 2 The Commercial Agents Regulations |
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3 | (1) |
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Section 3 Application of the Regulations |
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4 | (18) |
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Section 4 Relations between agent and principal |
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22 | (3) |
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Section 5 Remuneration and Commission |
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25 | (10) |
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Section 6 Termination of the Agency |
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35 | |
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1 | |
