68662
Description
Flashcards by katy_mcbride12, updated more than 1 year ago
|
Created by katy_mcbride12
almost 11 years ago
|
|
| Question | Answer |
| Principal knew what agent was doing and never stopped him until something went wrong. Held to have acquiesced. | Freeman & Lockyer v Buckhurst |
| Agent cannot represent his own authority | Armagas v Mundogas SA |
| Agent cannot represent his own authority HOWEVER can if said spoken to principal about it ie got more authority | First Energy v Hungarian Bank |
| Ratification by P has retrospective effect | Bolton Partners v Lambert |
| Ratification by P has retrospective effect | Goodall v Bilsland |
| Less loss is needed for the enforcement of apparent authority than personal bar | Gregor Homes v Emlick |
| ratification cannot happen if undisclosed principal | Keighley Maxled v Durant |
| Principal must make informed choice to ratify | Forman v The Liddesdale |
| Principal must be in existence and have capacity to ratify | Boston Deep Sea Fishing v Farnham |
| disclosure unnamed principal - choice whether to sue agent or principal | Ferrier v Dodds |
| disclosure unnamed principal - question on whose credit did the third party rely on | Rudely v Monte Marco |
| disclosure unnamed principal - could find the principal but don't bother then can't hold them liable | Lamont Nisbett v Hamilton |
| disclosure unnamed principal - if you refuse to disclose the principal, agent is personally liable | Gibb v Cunningham & Robertson |
| Undisclosed principal - can go far without being an election on who to sue | Meier v Kuchenmeister |
| Undisclosed principal - payment from insolvent estate is satisfaction of estate | David Logan v Schuldt |
| Undisclosed principal - may be excluded in enforcing the contract if there was deceit | Said v Butt |
| If agent does not say his signature is on behalf of the principal - personally liable | Stewart v Shannessy |
| Strict liability as auctioneer sold wrong horse but did nothing wrong. Held liable | Anderson v Croall & Sons |
| Mortgage fraud - solicitors not liable | Cheshire Mortgage v Gradison |
| Agent's duties - follow instructions | Gilmour v Clark |
| Agent's duties - Duty of reasonable care of competent member of profession | Hunter v Hanley |
| Agent's duties - don't act for more than one principal but if that's what is usually done it's okay | Lothian v Jenolite |
| Agent's duties - avoid secret profits | Imageview Management v Jack Ltd |
| Principal's Duties - remuneration | Walker, Fraser & Steele v Fraser's Trustees |
| Principal's Duties - reimburse expenses incurred | Thomlinson v SASL |
| Principal's Duties - relief from liability | Stevenson v Duncan |
| Terminate agency by rescission for material breach | Graham v United Turkey |
Want to create your own Flashcards for free with GoConqr? Learn more.