Agency can be defined as the “fiduciary relation which results from the manifestation of consent by one person to another that the other shall act on his behalf and subject to his control, and consent by the other so to act” (American Law Institute, 1958) Agency involves three parties, the Principal, the Agent and the Third party. The agent is the party that acts on and conducts transactions on behalf of the principal, commonly through a contractual relationship between the two.
There exist three kinds of agents: general and specific, mercantile and del credare agents. General and specific agents are those that have been employed by the principal for the purpose of conducting business either for all of the business or for a definitive period …show more content…
This can be seen in the case of Watteau v Fenwick. A pub manager (the agent) was not allowed to order goods himself; they were supplied by his employer (the principal). However, the agent ordered certain goods from a supplier and the principal refused to pay for them. In this event, the supplier was not aware of the restrictions and assumed that the agent had authority to order supplies, as it is a common job for a pub manager. Hence, the principal was liable. This case is reflected in the event of Maya and Kallessi. The new supplier whom Maya ordered the supplies from was not aware of the agreement set between the agent and principal, and assumed that ordering supplies is a common activity for the hotel manager. Since Kallessi did not inform the supplier that Maya was not permitted to order goods of more than £150, Maya has ostensible authority and is not liable in this …show more content…
The civil court handles all the cases of legal issues, right and duties between persons. ‘The criminal court determines the guilt and punishment for conduct that is outlawed by the State.’ (Black, 2008) The Civil Court is further divided into the Sherriff Court, the Court of Session and the Supreme Court of United Kingdom.
The Court of Session, located in Edinburgh, is the highest civil court in the country of Scotland. It holds jurisdiction over all of Scotland and is a first instance as well as an appellate court. Persons resident of Scotland, businesses that are based in the country, and contractual and delictual cases also fall under the Court of Sessions jurisdictions. The Court of Session has judges known as the Senators of The College of Justice or Lords of Council and Session. At present, there are 34 of these
There exist three kinds of agents: general and specific, mercantile and del credare agents. General and specific agents are those that have been employed by the principal for the purpose of conducting business either for all of the business or for a definitive period …show more content…
This can be seen in the case of Watteau v Fenwick. A pub manager (the agent) was not allowed to order goods himself; they were supplied by his employer (the principal). However, the agent ordered certain goods from a supplier and the principal refused to pay for them. In this event, the supplier was not aware of the restrictions and assumed that the agent had authority to order supplies, as it is a common job for a pub manager. Hence, the principal was liable. This case is reflected in the event of Maya and Kallessi. The new supplier whom Maya ordered the supplies from was not aware of the agreement set between the agent and principal, and assumed that ordering supplies is a common activity for the hotel manager. Since Kallessi did not inform the supplier that Maya was not permitted to order goods of more than £150, Maya has ostensible authority and is not liable in this …show more content…
The civil court handles all the cases of legal issues, right and duties between persons. ‘The criminal court determines the guilt and punishment for conduct that is outlawed by the State.’ (Black, 2008) The Civil Court is further divided into the Sherriff Court, the Court of Session and the Supreme Court of United Kingdom.
The Court of Session, located in Edinburgh, is the highest civil court in the country of Scotland. It holds jurisdiction over all of Scotland and is a first instance as well as an appellate court. Persons resident of Scotland, businesses that are based in the country, and contractual and delictual cases also fall under the Court of Sessions jurisdictions. The Court of Session has judges known as the Senators of The College of Justice or Lords of Council and Session. At present, there are 34 of these