Creation Of Agency

Question 0

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

Answer 0

Section 5 of the Partnership Act 1890

Question 1

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

Answer 1

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

Question 2

Mackenzie v. Cluny Hill Hydro

Answer 2

Agency implied by position

Question 3

Panorama Developments v Fidelis Furnishing Co Ltd

Answer 3

Implied authority by position

Question 4

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

Answer 4

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

Question 5

Keighley maxsted and co v durrant

Answer 5

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