A Digest of the Law of Agency

Front Cover
Sweet & Maxwell, 1907 - Agency (Law) - 514 pages
 

Contents

Godfray 1830 1 Knapp 381 P
xci
122
xcv
Langhorn 1816 6 Taunt 519 4 Camp 396 2 Marsh
xcvii
3 73
ci
Nottingham Bank 1891 60 L J Q B 542
cxiii
TABLE OF STATUTES
cxxv
CONSTITUTION OF THE RELATION OF AGENCY 2 Definitions of agent general agent special agent factor
3
broker c
4
Del credere agent defined
5
Capacity to act as principal
6
Capacity to act as agent
7
What acts may be done by means of an agent
9
Coagents
12
How the relation of agency may be constituted
14
ABT CHAPTER V
15
Agency by estoppel
20
CHAPTER III
21
Presumption of authority from cohabitation
22
Implied authority as housekeeper
24
Primâ facie no authority where separated
25
Where separated by mutual consent
27
Where living apart without the husbands consent
29
Where living apart in consequence of husbands miscon duct
30
Benson 1818 Gow
32
Effect of adultery by the wife
33
Implied authority to acknowledge debts for necessaries
34
Husband not liable unless credit given to
35
Authority implied from cohabitation as man and wife
36
Child no implied authority to pledge parents credit 28855 30 33 34 35 36
37
CHAPTER IV
38
Appointment in other cases
39
Appointment by corporations
41
RATIFICATION OF UNAUTHORIZED ACTS 24 Ratification equivalent to previous authority
43
What acts may be ratified
44
Who may ratify
46
888
48
Circumstances under which and within what time ratification can take place
49
Conditions necessary for ratification
53
How an act may be ratified
55
Ratification by companies
56
Effect of ratification PAGE 43 44 46
59
316
61
CHAPTER VI
63
Construction of authority given in general terms
64
Authority given in ambiguous terms
66
Construction of powers of attorney 63 64 66
68
Construction of authority not given under seal
71
Implied Authority 36 To do what is necessary for or incidental to effective execution of express authority
72
Implied authority of general agents
74
Implied authority where employed in course of business as agent
79
Authority implied from special customs
83
Implied Authority of particular classes of Agents as incidental to 1 Factors
87
2 Brokers
88
3 Auctioneers
90
DUTIES OF AGENTS
109
Right to follow property into hands of third persons
110
4 Counsel
111
Duty to pay over money received to use of principal
118
Reed 1843 3 G D 561 4 Q B 511 12 L
172
When liable to pay interest
173
Commission only on transactions directly resulting from
182
No remuneration in cases of misconduct or breach of duty
197
Liabilities incurred under rules or usages of particular
206
Definitions of particular and general possessory liens
217
Todd 1861 9 C B N S 592 30 L J C P 223
223
Confined to rights of principal except in the case of money
227
Shipmasters lien
241
Other Miscellaneous Rights
247
Not bound by acts beyond scope of authority or not done
258
Dispositions by agents intrusted with apparent ownership
264
Bank of Bengal v MLeod 1849 5 Moo Ind App 1 P C
267
1 Factors
272
Lien of consignee for advances to apparent owner of goods
274
Hine 1818 6 Price 203 20 R R 623
278
Bills notes and cheques
290
Section 6
292
2 Brokers
296
Effect on right to sue the principal of giving credit to
297
Fraud misrepresentations or knowledge of agent may
305
Liability of the Principal for Wrongs of Agent
315
Money c misappropriated by agent
321
De Vitre 1868 L R 3 Ch 429 37 L J Ch 325
325
How far liable for intentional and malicious wrongs
327
Clowser 1880 5 C P D 376
332
Not liable for misrepresentations by agent as to credit
333
210
339
Bribery of Agent
355
RELATIONS BETWEEN AGENTS AND THIRD PERSONS
358
6 Shipmasters
365
Liability on contracts under seal
367
Admissibility of parol evidence of intention
376
Section 2
384
Liabilities of Agents in respect of Moneys received by them
391
Christie 1776 Cowp
395
Public agents not liable to third persons for money due
399
Rights of Agents against Third Persons
400
4 Auctioneers
401
Rights of defendant where agent sues in own name
407
Conversion by innocent agent
414
Liability for breach of trust
420
DETERMINATION OF AGENCY
422
Powers of attorney irrevocable in favour of purchasers
429
Determination of authority by notice of revocation
436
SUPPLEMENTARY
442
their employment
444
120
455
345
458
258
459
Short 1855 5 E B 227 24 L J Q B 297
464
278
468
5 Solicitors
469
342
475
273
478
74
481
Australasian S N Co v Morse 1872 L R 4 P C 222
482
98
499

Common terms and phrases

Popular passages

Page 444 - ... or under any agreement for sale, pledge, or other disposition thereof, to any person receiving the same in good faith and without notice of the previous sale, shall have the same effect as if the person making the delivery or transfer were expressly authorized by the owner of the goods to make the same.
Page 341 - In the same transaction with respect to which a question of notice to the purchaser arises, it has come to the knowledge of his counsel, as such, or of his solicitor, or other agent...
Page 444 - ... of the goods or documents of title under any sale, pledge, or other disposition thereof...
Page 271 - procuration" operates as notice that the agent has but a limited authority to sign, and the principal is bound only in case the agent in so signing acted within the actual limits of his authority.
Page 445 - ... entitled to retain the goods or the documents of title thereto, or any of them, by way of lien as against the owner, or from recovering from any person with whom the goods have been pledged any balance of money remaining in his hands as the produce of the sale of the goods after deducting the amount of his lien.
Page 447 - ... he shall be guilty of a misdemeanour, and shall be liable on conviction on indictment to imprisonment, with or without hard labour...
Page iii - An action against a trade union, whether of workmen or masters, or against any members or officials thereof on behalf of themselves and all other members of the trade union in respect of any tortious act alleged to have been committed by or on behalf of the trade union, shall not be entertained by any court.
Page 445 - The enactments mentioned in the schedule to this Act are hereby repealed as from the commencement of this Act to the extent in that schedule mentioned. Provided that such repeal shall not affect anything done or suffered, or any right, title, or interest acquired or accrued before the commencement of this Act, or any legal proceeding or remedy in respect of any such thing, right, title, or interest.
Page 266 - document of title " shall include any bill of lading, dock warrant, warehouse-keeper's certificate, and warrant or order for the delivery of goods, and any other document used in the ordinary course of business as proof of the possession or control of goods, or authorizing or purporting to authorize, either by endorsement or by delivery, the possessor of the document to transfer or receive goods thereby represented...
Page 409 - Where a banker in good faith and without negligence receives payment for a customer of a cheque crossed generally or specially to himself, and the customer has no title, or a defective title, thereto, the banker shall not incur any liability to the true owner of the cheque by reason only of having received such payment.

Bibliographic information