THE NATURE OF AGENCY RELATIONSHIP The need to appoint another person to perform one act or another on one’s behalf assumes greater proportion daily. This is so because of the rapid economic developments that has taken place in the recent years. A party may want to do many things but because of lack of time or expertise‚ he is compelled to appoint another person to act on his behalf and whatever that other person does will be binding on him. The question is: ‘Who is an agent?’ An agent is one who
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1. INTRODUCTION Agency is a fiduciary relationship created by express or implied contract or by law‚ in which one party (the agent) may act on behalf of another party (the principal) and bind that other party by words and/or actions. The etymology of the word agent or agency says much. The words are derived from the Latin verb ago‚ agere (the respective noun agens‚ agentis). The word denotes one who acts‚ a doer‚ force or power that accomplishes things.1 Agency is the exception to the doctrine
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LAW OF AGENCY The law relating to agency in Kenya is contained in the Factors Act 1889 and the common law as modified by the doctrines of equity. Agency may be defined as a legal relationship that exists between a person called the agent is considered by law to represent another known as the principal in such a way as to affect the principal’s legal position in relation to 3rd parties. It has also been defined as a relationship where a party expressly or implied consents that the other should
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Law of Agency WHAT IS AN AGENCY? Sec 135 of Contract Act‚ agency is the relationships which subsists between the principal and the agent who has been authorized to act for him or represent him in dealings with others. WHO CAN BECAME A PRINCIPAL OR AGENT? Any person who is 18 years old and above and who is of sound mind may be principal. As between the principal and third persons‚ any person can became an agent. BUT persons of unsound mind and who are below 18 years are not liable towards their
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Topic: Law of agency Summary of Facts: Company Star Boat employed Tom as the manager for marketing and sales department. Being an agent for Star Boat‚ Tom frequently concluded contracts with a number of suppliers for acquiring certain parts to manufacture boats. Smooth Sailing was one of the suppliers. Tom resigned from Star Boat in July 2012 upon being offered a better position in Star Ferry. However‚ he acquired 4‚000 parts from Smooth Sailing in August and manager of Smooth Sailing did
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This case comes under Law of Agency. Agency Law is concerned with any “principal‚ agent and third party” relationship; a relationship in which one person has legal authority to act for another. Agency involves three parties : • Principal – Mr. Smithfield • Agent – U.K. Rail • Third Party – Pig resort/Care Centre Agency relationship may arise in five ways and one them which arise in this case is “Agency Of Necessity” and the requirements are : • Genuine necessity – there was a delay in delivering
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History of Contract in India The Third Law commission of British India formed in 1861 under the stewardship of Chairman Sir John Romilly‚ with initial members as Sir Edward Ryan‚ R. Lowe‚ J.M. Macleod‚ Sir W. Erle (succeeded by Sir. W.M. James) and Justice Wills (succeeded by J. Henderson)‚ had presented the report on contract law for India as Draft Contract Law (1866). The Draft Law was enacted as The Act 9 of 1872 on 25th April 1872 and the Indian Contract Act‚ 1872 came into force with effect
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Memo: Legal Risks and Opportunities Jennifer Stucky Law 531 - Business Law August 2‚ 2010 Professor Dominik Musafia Memo: Legal Risks and Opportunities MEMORANDUM TO: Kevin Grant‚ Director FROM: Jennifer Stucky‚ project manager DATE: August 2‚ 2010 SUBJECT: Dispute over contract with C-S CC: Harold Smith‚ Attorney This memo is in response to the dispute over the contract between Span Systems and Citizen-Schwarz AG (C-S). Management is taking the necessary steps
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Dr. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY LUCKNOW. SESSION 2013-2014 A Project on " Immunity of agent- a detailed study" Under the Supervision of Dr Visalakshi Vegesna Assistant Professor Submitted by Umaima Shahnawaz B.A.L.L.B(Hons.) IIIrd Semester Roll no-147 ACKNOWLEDGEMENT I would like to express my special thanks of gratitude to my teacher Dr. Visalakshi Vegesna who gave me the golden opportunity to do this wonderful project on the topic " Immunity of agent- a detailed
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Law of Agency – the Contracts Act 1950 Great Northern Railway Co v Swaffield states that where impossible to get principal’s instructions‚ the agent’s action is necessary to prevent loss and the agent has acted in good faith‚ an agency of necessity arises. The Contracts Act 1950 states that an agent has to obey principal’s instructions. The Contracts Act 1950 states that an agent has to be careful‚ diligent and use any skill that he may
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