This subject will no longer be offered from January 2012 - The last examination for this subject will be December 2011.

Main Topics of Study:

Concept of Power & Authority

Binding of Principal:

• Express Authority
• Implied Authority
• Apparent Authority
• Operation of Law

Want of Authority & Ratification:

• Principal & Third Party
• Ratification
• Liability for Authority by the Agent

Relations Between Principal & Agent:

• Agent’s Duties
• Rights of Agent

Agency Relationship Between Principal & Third Party:

• Disclosed Agency
• Undisclosed Agency
• Unauthorised Disposition by Agent
• Liability for Torts of Agent

Agency Relations:

• Agent & Third Party
• Contractual Rights & Liabilities of the Agent

Termination of Agency:

• By Act of Parties
• Operation of Law
• Effects of Termination

Reading List

Main Text:
An Outline of the Law of Agency - Markesinis & Munday (Butterworth Tolly)

Cases

Appointment of Agent by Implication:
Garnac Grain Company v H M Faure [1967]
Pickering v Busk [1812]

Appointment of Agent of Necessity:
Prager v Blatspiel [1924]
Springer v Great Western Railway [1921]
Great Northern Railway v Swaffield [1874]

Ratification:
Kelner v Baxter [1866]
Brook v Hook [1871]
Boulton Partners v Lambert [1888]

The Duties of an Agent:
Turpin v Bilton [1843]
Hedley Byrne v Heller [1964]
Armstrong v Jackson [1917]

Undisclosed Principals:
Humble v Hunter [1842]
Clarkson & Booker v Andjel [1964]
United Bank of Kuwait v Hammond [1988]

Termination of Agency:
Turner v Goldsmith [1891]

Breach of Warranty of Authority:
Yonge v Tonybee [1910]

Authority of the Agent:
Watteau v Fenwick [1893]

Duties of the Principal:
Luxor (Eastbourne) v Cooper [1941]
Scheggia v Gradwell [1963]
Adamson v Jarvis [1827]