Agency - authority

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  • Created by: mellon
  • Created on: 29-04-14 18:07
When can an agent act on implied authority?
When they are a general agent, eg do all the contracts for the principal
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What can an agent do with implied authority?
Whatever is necessary and incidental to complete the transaction
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What is the test for whether you can rely on apparent authority?
Freeman and Lockyear. Need 1) representation by the principal 2) reliance by the 3rd party 3)loss suffered by the 3rd party
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What happens if P acts in a manner that suggests the agent is authorised?
The principal cannot claim that the agent had no authorisation
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What did first energy v hungarian bank and armagas say?
FE: can cover no previous relationship or extend the authority. A: agant can't hold themselves out
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What are the requirements and cases for ratification?
Existance of p, Tinevelly. Capacity of p - Ward v Samyang. Entered as an agent, not in own name, keithley v durrant, lockhart v moodie
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Continued..
Must ratify in time limit - Goodall v Bilsland. P must make informed choice - Liddesdale (aceptance of ship not rat). May not be poss if unfair prejudice - Henniker - Major
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What happens if 3rd party relies on A's authority and A has none?
Third party can seek damages from the agent
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Card 2

Front

What can an agent do with implied authority?

Back

Whatever is necessary and incidental to complete the transaction

Card 3

Front

What is the test for whether you can rely on apparent authority?

Back

Preview of the front of card 3

Card 4

Front

What happens if P acts in a manner that suggests the agent is authorised?

Back

Preview of the front of card 4

Card 5

Front

What did first energy v hungarian bank and armagas say?

Back

Preview of the front of card 5
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