Academic opinions Flashcards
Ian Brown ‘THe sig of general and special authority’
LAw of agency is versatile and capacious
categories of actual authority do nothing more than define the nature of scope which is already there
A of necessity notoriously hard to define
classification of agency can expose to flaws
commerce becoming more complicated - agency fails to cope
proposed revival of general authority to specific types of agencys
T Cheng - Han ‘The principle in Bird v Brown
Principle is time limit and cannot ratify retrospectively
better to use reasonable time limit on ratification
G McCormack
huge range of conflicts may arise due to size
fiducairy duties are strict - self-sacrifice and at mercy
complete avoidance of conflicts is a pipe dream
Nolan
Kelly v cooper is in keeping with commercial pressures and pracitces
A Goodhart + CJ Harrison
an UP intervenes in a contract which isn’t really his
UP is an anomaly as he is not party to contract
his intervention upsets fundamental principles
R Barnet
anomaly of contract theory
concept derives from judges applying tradition and reason
consent theory justifies Up
R Flanagan
breach of trust was basis of liability
to the extent the duty of fideltiy purports to control opportunistic behaviour
faith and good faith are arguably too closely associated to be useful
James Montrose
is equivalent to appearance of authority
may be authority where there is in fact none
FMB Reynolds
manifestation must always come from P to TP - not absolute
First energy hard to reconcile with Ocean frost
can be hard to limit bank officials authority
R Stevens
Argues there is no geenral principles fo agency by which A is treated as alter ego of P
why do A’s escape liability
Ian Brown
Argues archetype of appearent authority is both inadeuqate and inapt when applied to commerical complexities of organisations
create of app authority is contentious
demanding designation is asking too much
question of A creating own authority
balance between over exposure of P to liabilty and jeopardising TP
GHL Findman
criticsed by FMB Reynols, ST Stoljar, AJ goodhart and CJ Harrison
only logical explanation is when employ someone you impliedly consent to all actions of A
should have concluded that contract invlid and declare defunct like Canada
FMB Reynolds ‘Practical problems fo UP’
rule allowing to settle is a reaosnable one
Ian Brown ‘Authorty and necessity’
comes from many sources so incoherent, fragmented and loosely practical
concern Agency should not be over-extended
never been basis of A of necessity
Arises by operation of law and extension of exisitnig law
G McMeel ‘Philosophical foundations’
Rise of corporation as a vehicle for enterprise
necessited a level of development of modern law
consent theory and PL are reconcilable
