A Digest of the Law of Agency

Front Cover
Sweet & Maxwell, Limited, 1898 - Agency (Law) - 507 pages

From inside the book

Contents

Effect on right to sue the principal of giving credit to
293
Fraud misrepresentations or knowledge of agent may be
300
Liability of the Principal for Wrongs of Agent
311
Money c misappropriated by agent
317
How far liable for intentional and malicious wrongs
323
When notice to agent equivalent to notice to principal
335
Bribery of Agent
351
RELATIONS BETWEEN AGENTS AND THIRD PERSONS
354
Liability on contracts under seal
362
Admissibility of parol evidence of intention
372
Measure of damages for breach of warranty of authority
383
Money received for use of third persons
391
Rights of Agents against Third Persons ART PAGE 128 Right of agent to sue in own name on contracts made by him
397
Effect of intervention of or settlement with the principal
401
Rights of defendant where agent sues in own name
404
Right of agent to sue for money paid by mistake
406
Liabilities of Agents in respect of Wrongs committed on Principals behalf 133 Agent personally liable for all wrongs committed by
407
them
409
Conversion by innocent agent
411
Liability for breach of trust
416
Agents not liable for wrongs of coagents or subagents
417
DETERMINATION OF AGENCY
419
When authority irrevocable
421
Powers of attorney irrevocable in favour of purchasers for value
426
Revocation of authority by death or insanity
427
Revocation of authority by bankruptcy
428
Determination of authority by notice of revocation or renunciation
433
When notice of revocation to third persons necessary
436
Protection of agent acting under power of attorney without notice of revocation
437
SUPPLEMENTARY
439
APPENDIX FACTORS ACT 1889
443
2 Brokers
467
419
468
421
478
427
486
428
491
437
493
439
499

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Page 446 - ... by a mercantile agent acting for him, of the goods or documents of title under any sale, pledge, or other disposition thereof, 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 342 - 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, as such, or would have come to the knowledge of his solicitor, or other agent...
Page 412 - 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.
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 5 - mercantile agent " shall mean a mercantile agent having in the customary course of his business as such agent authority either to sell goods, or to consign goods for the purpose of sale, or to buy goods, or to raise money on the security of goods...
Page 446 - ... by a mercantile agent acting for him of the goods or documents of title under any sale, pledge or other disposition thereof or under any agreement for sale, pledge or other disposition thereof to any person receiving the same in good faith and without notice of any lien or other right of the original seller in respect of the goods shall have the same effect as if the person making the delivery or transfer were a mercantile agent in possession of the goods or documents of title with the consent...
Page 446 - Where a person, having sold goods, continues or is in possession of the goods or of the documents of title to the goods the delivery or transfer by that person or by a mercantile agent acting for him, of the goods or documents of title under any 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...
Page 100 - Every bill of lading in the hands of a consignee or indorsee for valuable consideration representing goods to have been shipped on board a vessel, shall be conclusive evidence of such shipment as against the master or other person signing the same...
Page 445 - ... (3.) Where a mercantile agent has obtained possession of any documents of title to goods by reason of his being or having been, with the consent of the owner, in possession of the goods represented thereby, or of any other documents of title to the goods, his possession of the first-mentioned documents shall, for the purposes of this Act, be deemed to be with the consent of the owner.
Page 444 - 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...

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