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28 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Mackenzie v Cluny Hill Hydropathic |
Hotel manager barricaded guest in to solve dispute. There was an implied agency relationship here for the manager to deal with disputes on the hotel's behalf and was held to be holding against her will. IMPLIED AUTHORITY |
Hotel |
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Panorama Developments Ltd v Fidelis Furnishings Ltd |
Where a secretary hired cars under company name then used them himself. He was acting within scope of employment and had implied authority that he could create contracts for the company. |
Car hire |
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Keighley Maxsted & Co v Durrant |
First condition to ratify an Agent's actions. A must be working for an identifiable Principal and it must be made known to 3rd party that they are acting for P |
Ratification |
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Morrison v Statter |
A shepherd was instructed to oversee herd but the proceeded to buy sheep. This was outside his capacity and could not bind the principal for acting outside authority. |
Sheep |
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Tinnevelly Sugar Refining Co v Mirrlees |
Where an agent acted on behalf of a Principal to import machinery which was defective but at the time P was not a registered company. Could not increase the capacity by employing an agent. Second and third conditions of ratification: P must be aware of all relevant facts. P must have capacity to act. |
Not registered |
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Robert Barry & Co v Doyle |
Creation of agency relationship expressly - it was held here that agency relationship could be created through oral agreement. |
Creation of Agency |
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Partnership Act 1890 s.5 |
A partner is assumed to be an agent of the firm have authority to bind it and other partners. |
Creation of agency |
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Grover Ltd v Matthews |
Ratification 4th condition: Must take place within any timescale specified, or if none then within a reasonable timescale |
Ratification 4 |
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Great Northern Railway Co. V. Swaffield |
When a horse was transported but there was no one there to pick it up, emergency measures were taken which was held to be necessary in the circumstances and negotiorum gestio applied. |
Horse on a train |
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Springer v Great Western Railway Co |
When tomatoes were being transported and this was delayed, there was an opportunity to communicate with the plaintiff but this was not taken and therefore there was no netotiorum gestio and no agency of necessity arose. |
Tomatoes |
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International Sponge Importers v Watt & Sons |
Travelling salesman sold sponges for a company and was instructed to get cheques made out to company. Salesman got cheques made out to him which he pocketed but company unable to complain as it was held out that he had authority. |
Sponges |
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Watteau v Fenwick |
Even if something is expressly forbidden in an agreement, it can still bind the firm if the agent has apparent authority to the outside world. When cigars were sold to someone who was not paid, court held that there was implied authority granted even though outside scope of actual authority |
Authority |
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Freeman & Lockyer v Buckhurst Park Properties (Mangal) Ltd |
Where architecture work gave rise to sue for unpaid fees. It was held the company was bound to pay, it was found there was apparent authority as there was knowledge on the behaviour going on and there was a clear representation. |
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Gilmour v Clark |
When goods were redirected on a different ship for legitimate reasons, and this sunk, agent was liable even though it was well intentioned. DUTY TO FOLLOW INSTRUCTIONS |
Ship |
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Tyler v Logan |
Shortfall of £62 in shoe shop. Manager was held liable as there was a duty to keep accounts |
Shoe |
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Alexander Turnbull & Co Ltd v Cruickshank and Fairweather |
The agent has duty to exercise due skill and care, here reasonable duty of care was breached due to lack of informing of fees to be paid. |
Agent's duty |
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Fiduciary duty |
The agent must act in good faith to the principal and disclose all relevant facts |
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Ronaldson v Drummond & Reid |
Agent must not use their position for their own benefit - if A receives a discount for P's transaction, this must be passed on to P |
Agents duty |
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Lothian v Jenolite |
An agent has the duty to avoid conflicts of interest, but can still work with multiple Ps with similar interests. |
Conflict of interest |
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Liverpool Victoria Friendly Society v Houston |
Where someone worked for an insurance society and was able to see their client list, there were approaches made to people on the list after he had given it to a competing insurer after being dismissed. There was a duty not to disclose confidential information |
Insurance list |
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De Bussche v Alt |
There is a presumption against delegation of work to other agents. Agents have a duty to act personally |
agent's duty |
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Mackersy's Executors v St Giles Cathedral Managing Board |
Agent has the right to be remunerated for work if that work makes up part of their livelihood |
Agent's rights |
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Stevenson & Sons v Duncan |
Where the principal instructed the agent to sell shares they did not actually have, the agent was held liable but it was found that the principal must relieve agent of liabilities. |
Shares principal don't have |
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Drummond v Muirhead and Smith |
Right of lien for agents |
Lien |
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Scott and Neill v Smith |
In a dispute of an advance for cargo, the agents had special lien over this until they were repaid for their advance which relates to the debt owed. |
Special lien |
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Stone & Rolfe Ltd v Kimber Coal Co Ltd |
Where agent discloses there is a principal, the contract is between the principal and third party and agent has no part in the contract. |
Disclosing the principal |
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Bennett v Inveresk Paper Co |
Where principal is undisclosed, 3rd party can sue the agent. However, principal can sue 3rd party also. |
Undisclosed principal |
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Anderson & Croall & Sons |
Where agent exceeds actual and apparent authority, there is no contract and 3rd party may have title to sue the agent. Here was a situation of horse auction where the wrong horse was sold. |
Exceeds actual and ostensible authority |
