Creation Of Agency Flashcards

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0
Q

Agency can be implied by law or by the conduct of the parties. Name the law part.

A

Section 5 of the Partnership Act 1890

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1
Q

Name the 5 ways in which an agency relationship can be created.

A

1) by express contract
2) implied by the conduct of the parties or by law
3) by holding out
4) by ratification
5) by necessity

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2
Q

Mackenzie v. Cluny Hill Hydro

A

Agency implied by position

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3
Q

Panorama Developments v Fidelis Furnishing Co Ltd

A

Implied authority by position

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4
Q

Name the 4 key elements required for ratification to be possible.

A

1) the principal must ratify the contract within a reasonable time.
* *grover v matthews**
2) the principal must have existed at the time the contract was entered into.
* *keighley maxsted & co v durrant**
3) the principal must have been competent
* *tinnevelly sugar refining co v mirrlees Watson and yaryan co ltd**
4) the agent must disclose all material facts

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5
Q

Keighley maxsted and co v durrant

A

Identifiable principal. The agent must disclose that they are contracting on behalf of another person.

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