Agency Law And Principles – Roderick Munday

In Lilly Wilson & Co telegraphic officials had bungled transmission of the principal’s message to his agent, communicating the incorrect rate of freight. Because the evidence showed that this form of signature was commonly adopted in order to negative any implication of any further warranty by the agent than that he had received a telegram, which, if correct, authorized such a charter as that which he was signing, the defendant shipbrokers were held not liable.

Third parties ought to have been aware of what the qualified form of signature meant within the industry. Powers of attorney executed under the Powers of Attorney Act 1971 If the power of an agent acting under a power of attorney is revoked, the agent is afforded protection under s 5(1) of the Powers of Attorney Act 1971 which provides: A donee of a power of attorney who acts in pursuance of the power at a time when it has been revoked shall not, by reason of the revocation, incur any liability (either to the donor or to any other person) if at that time he did not know that the power had been revoked.

The donee of a power of attorney who innocently misrepresents his authority will not be liable for breach of warranty of authority. Summary To recapitulate, in order to engage an agent’ liability on his warranty of authority, the following matters need to be established: (1) That the agent purported to act as agent. Normally, this will occur when the agent has indicated that he was acting for a specified individual or that he was acting for an unnamed principal.

If this proves not to be the case—or if he has misrepresented the extent of his authority—the agent will incur liability. The agent’s personal liability will also be engaged if he has represented that he was acting on behalf of a certain named individual but was in fact acting on behalf of another party who was not named in the transaction.

In Savills v Scott Sir Douglas Frank, QC declared: It does not seem to me to need authority for the proposition that where a person holds himself out as an agent for a named person but is in fact acting as agent for an unnamed person then the agent is personally liable.® Summary (2) That the agent lacked the principal’s authority to act.

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Oxford disclaims any responsibility for the materials contained in any third party website referenced in this work. PREPAGE TOs THE SECOND EDITION In a celebrated interview reported in The Paris Review in 1956 Ernest Hemingway was asked why, according to his own account, he had re-written the final section of A Farewell to Arms thirty-nine times. “Was there some technical problem there? What was it that had stumped you?’, the interviewer probed.

With malign simplicity, Hemingway responded: ‘Getting the words right’. If getting the words right first time round is tough, returning to the task fora fresh edition is not appreciably easier. Following the kind recep- tion accorded to its predecessor, this second edition pursues an objective identical to that which propelled the first: namely, to supply a text setting forth the principles of the law of agency in as clear, rational and orderly a manner as can be managed. No chapter has escaped amendment.

Some have indeed undergone considerable reconstruction.

This is a short excerpt from the opening of “” by Unknown, quoted for review and introduction purposes. All rights belong to the copyright holders.

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