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Created by katy_mcbride12
over 11 years ago
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Principal knew what agent was doing and never stopped him until something went wrong. Held to have acquiesced.
Agent cannot represent his own authority
Agent cannot represent his own authority HOWEVER can if said spoken to principal about it ie got more authority
Ratification by P has retrospective effect
Ratification by P has retrospective effect
Less loss is needed for the enforcement of apparent authority than personal bar
ratification cannot happen if undisclosed principal
Principal must make informed choice to ratify
Principal must be in existence and have capacity to ratify
disclosure unnamed principal - choice whether to sue agent or principal
disclosure unnamed principal - question on whose credit did the third party rely on
disclosure unnamed principal - could find the principal but don't bother then can't hold them liable
disclosure unnamed principal - if you refuse to disclose the principal, agent is personally liable
Undisclosed principal - can go far without being an election on who to sue
Undisclosed principal - payment from insolvent estate is satisfaction of estate
Undisclosed principal - may be excluded in enforcing the contract if there was deceit
If agent does not say his signature is on behalf of the principal - personally liable
Strict liability as auctioneer sold wrong horse but did nothing wrong. Held liable
Mortgage fraud - solicitors not liable
Agent's duties - follow instructions
Agent's duties - Duty of reasonable care of competent member of profession
Agent's duties - don't act for more than one principal but if that's what is usually done it's okay
Agent's duties - avoid secret profits
Principal's Duties - remuneration
Principal's Duties - reimburse expenses incurred
Principal's Duties - relief from liability
Terminate agency by rescission for material breach