TOPICS

Agency, concepts

The notion of acting on behalf of another person; 17.1.1.

The acquisition of legal rights; 17.1.2.

Discharging legal obligations; 17.1.3.

Acting through a representative; 17.1.4.

The legal position of a person acting as a representative; 17.1.5.

Agency, agency relationships

The nature of agency; 17.2.1.

The concepts involved in an agency situation; 17.2.2.

Particular relationships that may involve agency; 17.2.3.

Agency, obtaining authority to act as an agent

The power to represent a principal; 17.3.1.

Express authority ; 17.3.2.

Express authority in writing; 17.3.3.

Implied authority; 17.3.4.

'Apparent' or 'ostensible' authority; 17.3.5.

Agency, ratification of previously unauthorised acts

Retrospective approval of an agent's acts; 17.4.1.

Ratification by a disclosed principal; 17.4.2.

Ratification by an undisclosed principal; 17.4.3.

Agency, an agent's duties to their principal

Sources of an agent's duties; 17.5.1.

The duty to carry out instructions; 17.5.2.

The duty to act personally and with due care and skill; 17.5.3.

The duty to act in good faith; 17.5.4.

The duty to keep proper accounts; 17.5.5.

Agency, a principal's duties to their agent

Sources of an agent's duties; 17.6.1.

Payment of fees and reimbursement of expenses; 17.6.2.

Other claims by an agent against their principal; 17.6.3.

Agency,  an agent's relations with third parties

Situations in which legal relations may17.7.2 -3.

Liability for a warranty of authority; 17.7.4.

Performing contractual obligations through an agent; 17.7.5.

Agency, acquisitions and dispositions of property by an agent

'Real' and 'personal' rights distinguished; 17.8.1.

An agent's ability to transfer a principal's real rights to a third party; 17.8.2.

Agency, a principal's liability for harm caused by their agent

Circumstances in which liability may arise; 17.9.1.

Liability in tort; 17.9.2.

Liability for misleading conduct; 17.9.3.

Agency, agency by operation of law

Circumstances in which represent17.10.2.

Marital relationships; 17.10.3.

Agency, termination of agency

How an agent's power of representation is ended; 17.11.1 

Completion of the mandate; 17.11.2.

Revocation and renunciation; 17.11.3

Mental incapacity and death of the principal; 17.11.4.