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Agency (Volume 1 (2022))

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Agency (Volume 1 (2022))

Consultant Editor

1. Nature and Formation

1. Nature of the relation of agency.

2. Other uses of the word 'agent'.

3. General rule as to competency of principals.

4. Competency of alien enemies as principals.

5. Competency of minors as principals.

6. Competency of mentally disordered persons as principals.

7. Competency of intoxicated persons as principals.

8. Competency of corporations as principals.

9. Capacity of agent to act.

10. Special qualification or restriction on certain agents.

11. Special agents and general agents.

12. Mercantile agents under the Factors Act 1889.

13. Factors and other classes of agents.

14. How agency is created.

15. When a deed is necessary.

16. Powers of attorney.

17. Proof of instruments creating powers of attorney.

18. Agent for the purchase of land.

19. Agent to sign written contract.

20. Agents of corporations generally.

21. Companies subject to the Companies Act 2006.

22. Limited liability partnerships.

23. Local authorities.

24. Agency of necessity.

25. Apparent authority.

26. Equitable agency.

27. Co-principals.

28. Co-agents.

2. Authority of the Agent

29. Derivation of agent's authority.

30. Extent of agent's authority.

31. Strict construction of instrument conferring authority.

32. Limits of authority to be observed.

33. Examples of incidental powers implied.

34. Interpretation of authority under hand.

35. Agent's discretion.

36. Oral authority given in general terms.

37. Necessary and incidental acts.

38. Authority of agent to receive payment.

39. Authority of agent to give into custody.

40. No authority to commit illegal acts.

41. Estate agents.

42. Bailiffs, enforcement agents and stewards.

43. Factors.

44. Custom and usage.

45. Exercise of authority under deed.

46. Signature of documents by agent.

47. Effect of agent not disclosing principal.

3. Delegation

48. Agent's powers not generally delegable.

49. Delegation by ministers of the Crown and local authorities.

50. Delegation by directors of companies.

51. Permissible delegation by agent.

52. Delegation in accordance with custom or usage.

53. Acquiescence of principal in agent's delegation of authority.

54. Delegation of agent's authority due to necessity of the case.

55. Privity between principal and sub-agent.

56. Classes of sub-agents.

57. Remuneration and liability of sub-agent.

4. Ratification

58. Principal's retrospective ratification of agent's acts.

59. Ratification of contract.

60. Ratification of unlawful acts.

61. Act must be on behalf of principal.

62. Principal must be in existence and capable.

64. Time for ratification.

65. Ratification must not be partial.

66. Form of ratification.

67. Essentials of ratification.

68. Evidence of ratification.

69. Ratification by acquiescence.

70. General effect of principal's ratification of agent's unauthorised act.

71. Ratification by the Crown.

5. Relations between Principal and Agent

72. Rights and duties.

73. Commercial agents under the Commercial Agents (Council Directive) Regulations 1993.

74. Fiduciary nature of relation.

75. Agent to perform business undertaken.

76. Agent's exercise of discretion.

77. Use of information etc acquired in agency.

78. Contracts made by agent.

79. Agent's ordinary duty to use care and skill.

80. Degree of skill and care of gratuitous agents.

81. Degree of skill and care where agent acts for reward.

82. Agent's duties in negotiating contracts.

83. Agent's duty to keep accounts.

84. Sale of horticultural produce on commission.

85. Keeping principal's property separate.

86. Payments made to agent for principal.

87. Principal's claim for damages.

88. Principal's claim for account.

89. Interest payable by agent.

90. Agent to avoid or declare conflict of interest.

91. Effect of agent's non-disclosure of conflict of interest.

92. General rule prohibiting agent from acquiring secret profit.

93. Agent to purchase.

94. Bribe or secret commission.

95. Effect of receipt of bribe by agent.

96. Agent estopped from denying principal's rights.

97. Agent cannot acquire title against principal.

98. Committal of defaulting agent.

99. Co-agents and sub-agents.

100. Derivation of agent's rights against principal.

101. Agent's right to account.

102. Contractual basis of right.

103. Remuneration must be earned.

104. Estate agent's commission.

105. Transactions in respect of which the agent may claim remuneration.

106. Remuneration of commercial agents.

107. Transactions beyond scope of agent's authority.

108. Transactions after termination of authority.

109. Agent wrongfully prevented from earning remuneration.

110. Commercial agent's right to information.

111. Agent's loss of right to remuneration.

112. Agent's rights to be reimbursed and indemnified.

113. Extent of indemnity.

114. Liabilities to which right of reimbursement or indemnity does not extend.

115. For what claims agent has lien.

116. Possession necessary for lien to be exercised.

117. Lien affecting third parties.

118. Loss of lien.

119. Lien of sub-agent.

120. Stoppage in transit.

121. Agent's right to make a stakeholder application.

6. Relations between Principal and Third Persons

122. General rule: principal responsible for acts of agent.

123. Fraudulent motive of agent immaterial.

124. Effect of limitation of authority.

125. Act beyond actual or apparent scope of authority.

126. Rights and liabilities of principal.

127. Where signed memorandum necessary.

128. Deed executed in name of agent.

129. Bills of exchange etc.

130. Contract on behalf of foreign principal.

131. Exclusion of principal's rights and liabilities.

132. Election to treat agent as principal.

133. Payments by principal.

134. Payments by third party.

135. Purchaser from agent having lien.

136. Fraud etc of principal or agent.

137. When and how far principal bound.

138. When notice to agent is imputed to principal.

139. When principal not bound by notice to agent.

140. Principal's remedies.

141. Principal's remedies when contract not repudiated.

142. Principal's right on agent's bankruptcy.

143. Misappropriation by agent.

144. Privilege from commercial rent arrears recovery.

145. Unauthorised dispositions not binding on principal.

146. Dispositions by apparent owner.

147. Uncompleted negotiable instruments given by principal to agent.

148. Documents of title entrusted to agent.

149. Dispositions under the Factors Act 1889.

150. Rights acquired by pledgee.

151. Agent's act expressly authorised by principal.

152. Agent's act not expressly authorised by principal.

153. Fraudulent misrepresentation by agent.

154. Negligent misrepresentation by agent.

155. Representation by agent as to credit.

156. Criminal liability.

7. Relations between Agent and Third Persons

157. Fact of agency not disclosed.

158. Identity of principal not disclosed.

159. Identity of principal disclosed.

160. Documents executed or signed in agent's name.

161. Warranty of authority implied.

162. Measure of damages for breach of warranty of authority.

163. Liability to repay to third person.

164. Direction from principal to pay to third person.

165. General liability of agent for wrongful act.

166. Conversion by agent.

167. Breach of trust by agent.

168. Agent's right to enforce contract.

169. Loss of right to enforce contract.

170. Agent's claim for money had and received.

8. Termination of Agency

171. Ways in which agency may be terminated.

172. Authority coupled with interest.

173. Agent becoming personally liable.

174. Agent liable to personal loss.

175. Agent acquiring rights in subject matter.

176. Irrevocable powers of attorney.

177. Agency for fixed time.

178. Modes of termination of agencies for an indefinite term.

179. Entitlement of commercial agent to compensation or indemnity on termination of agency.

180. Entitlement of commercial agent to damages on termination of agency.

181. Restraint of trade clauses in commercial agency contracts.

182. Revocation by notice.

183. Mode of revocation of authority.

184. Termination of principal's business.

185. Summary termination of agency.

186. Renunciation of authority by agent.

187. Agency terminated by effluxion of time.

188. Agency terminated by performance, impossibility or illegality of continuance.

189. Agency terminated by death or mental illness of principal.

190. Agency terminated by death or mental illness of agent.

191. Agency terminated by bankruptcy of principal.

192. When bankruptcy of agent terminates agency.

193. Third person led to believe in authority.

194. Protection where power of attorney revoked.

9. Lasting and Enduring Powers of Attorney

195. Enduring and lasting powers.

196. Effect of enduring power.

197. Characteristics of an enduring power.

198. Procedural requirements for creation of enduring power.

199. Revocation, suspension and disclaimer of enduring powers.

200. Requirement for registration.

201. Matters preceding registration.

202. Who should be notified of intended registration.

203. Form and content of notices of intended registration.

204. Form and content of applications for registration.

205. Objections to registration.

206. Dealing with objections.

207. Registering the instrument.

208. Registration notwithstanding failure to give notice.

209. Proof of registration.

210. Effect of registration.

211. Cancellation of registration.

212. Interpretation and administration of enduring power.

213. Revocation of the power at request of donor.

214. Cancellation of the power.

215. Intervention by Public Guardian.

216. Acts done in pursuance of invalid power.

217. Acts done in pursuance of revoked power.

218. Effect of lasting power.

219. Characteristics of a lasting power.

220. Form of instrument.

221. Statements to be included in instrument.

222. Certificate to be included in instrument.

223. Execution of instrument.

224. Revocation of lasting power by donor or court.

225. Termination of donee's appointment.

226. Requirement for, and notification of, registration.

227. Form and content of applications for registration.

228. Objections to registration.

229. Procedure for making objections.

230. Dealing with objections.

231. Intervention by the Court of Protection.

232. Registering the instrument.

233. Proof of registration.

234. Revocation of registered power by donor or court.

235. Termination of donee's appointment.

236. Interpretation and administration of lasting power.

237. Power to cancel lasting power.

238. Intervention by Public Guardian.

239. Acts done in pursuance of invalid power.

10. Guardianship Orders

240. Provision for managing the property and affairs of missing persons.

241. Applying for a guardianship order.

242. Making a guardianship order.

243. The role of guardian.

244. Guardian to act in missing person's best interests.

245. Directions concerning the scope of the guardian's authority.

246. Who may be appointed as guardian.

247. Guardian's records, accounts and expenses.

248. Variation of guardianship order.

249. Revocation of guardianship order.

250. Acts of guardian after variation or revocation of guardianship order.

251. Right to intervene in proceedings under the Guardianship (Missing Persons) Act 2017.

252. Guidance to supplement the Guardianship (Missing Persons) Act 2017.

253. Role of the Public Guardian.