The court will imply terms to make the agency agreement work
1 of 20
Freeman & Lockyer v Buckhurst Park 1964
Definition of actual authority, judicial commentary in this case gave requirements of an apparent authority, relations to estoppel
2 of 20
Johnston v Kershaw 1866
Example of the strict approach that is taken to ascertain duties by deed; less so if not by a deed. Example of an express actual authority and acting reasonably as an agent under authority
3 of 20
Woodhouse Cocoa v Nigerian Produce 1972
The burden of being clear on instructions is now on the agent, historically on the principle, but now expect agent to clarify the instructions
4 of 20
Patel v Standard Chartered Bank 2011
The modern approach to agent ambiguity: the question is whether the agent acted reasonably upon their interpretation
5 of 20
Hely-Hutchinson v Brayhead 1968
Authority is implied when it is inferred from the conduct of the parties , concerns how it looks from a third party. Example of implied actual authority
6 of 20
Gurtner v Beaton 1993
The court should look at the whole of the conduct of P in light of all circumstances (representation/estoppel)
7 of 20
Kelly v Fraser 2012
Two ways for representation to arise: 1. P represented that A has authority to conclude a transaction 2. Where P represented that A has authority to communicate that the transaction is approved by P.
8 of 20
Summers v Soloman 1857
A went rogue; P was still liable
9 of 20
Watteau v Fenwick 1893
This case created usual authority, controversial as P can be liable for A's actions
10 of 20
Cases following Watteau?
Has not been overruled, but has been doubted (Rhodian v Halla)
11 of 20
Jones v Hope 1880
P cannot ratify a contract made by A if A states it was contracting on behalf of a different P
12 of 20
Kayleigh & Co v Durant 1901
P cannot ratify a contract if A made the contract in its own name
13 of 20
Kelner v Baxter 1866
P cannot ratify a contract if it was entered into at a time P did not exist
14 of 20
Bristol and West Building Society v Mothew 1998
Definition of a fiduciary
15 of 20
FHR European Ventures v Cedar Capital 2014
Agent has a duty not to accept bribes, and P is entitled to the entire benefit of Agents acts in the course of agency
16 of 20
Siun Yin Kwan v Eastern Insurance 1994
If P was undisclosed, P can still intervene and sue - controversy
17 of 20
Aberdeen v Blaikie 1854
Agent has a duty to avoid conflict of interest
18 of 20
Regal v Gulliver 1967
Agent has a duty not to profit from agency
19 of 20
Gray v Haig 1855
The Agent has a duty to keep administration/records
20 of 20
Other cards in this set
Card 2
Front
Freeman & Lockyer v Buckhurst Park 1964
Back
Definition of actual authority, judicial commentary in this case gave requirements of an apparent authority, relations to estoppel
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