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Part 1 Chapter 1 - Agency

An Introduction

from Part 1 - Agency

Published online by Cambridge University Press:  05 August 2012

Nicholas Ryder
Affiliation:
University of the West of England, Bristol
Margaret Griffiths
Affiliation:
University of Glamorgan
Lachmi Singh
Affiliation:
University of the West of England, Bristol
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Summary

Introduction

Part 1 considers one of most important and traditional aspects of any commercial law undergraduate course, the law of agency. Chapter 1 begins by attempting to define the law of agency by providing several examples from commercial law scholars, illustrating the difficulty experienced by the courts in England and Wales in defining the term ‘agency’. The next part of the chapter deals with the nature and characteristics of agency, followed by a brief outline of the different types of agents that exist in the United Kingdom.

What is agency?

It is virtually impossible to provide a clear all-embracing definition of agency. Rather unsurprisingly this has resulted in many commentators arguing that the courts have given it an extremely broad and flexible interpretation. The breadth of the interpretation of the term ‘agency’ is illustrated by the following quotation from an article by Gorton:

In law the concept of ‘agency’ may have different meanings. Whereas in common law ‘agency’ is a wide concept covering the law related to ‘authority’ and ‘power to bind’, the agent in, e.g. Scandinavian law is a particular kind of intermediary. In English law the concept of ‘agent’ may appear in different contexts: ‘commercial agent’, ‘general agent’, ‘del credere agent’, agent of necessity’.

Type
Chapter
Information
Commercial Law
Principles and Policy
, pp. 3 - 13
Publisher: Cambridge University Press
Print publication year: 2012

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References

Bradgate, R.Commercial LawrdOxford University PressOxford 2000Google Scholar
Brown, I.The agent’s apparent authority: paradigm or paradox? 1995 Journal of Business Law360Google ScholarPubMed
Dobson, P.Stokes, R.Commercial LawthSweet and MaxwellLondon 2008Google Scholar
Markesinis, B.Munday, R.An Outline of the Law of AgencyButterworthsLondon 1992Google Scholar
Munday, R.Agency: Law and PrinciplesOxford University PressOxford 2010Google Scholar
Bradgate, R.Commercial LawOxford University PressOxford 2005Google Scholar
Gorton, L.Ships management agreements 1991 Journal of Business Law563Google Scholar
1985
Billins, R.Agency LawSweet and MaxwellLondon 1993Google Scholar
Dobson, P.Stokes, R.Commercial LawSweet and MaxwellLondon 2008Google Scholar
th 2004
1995
Randolph, F.Recent cases involving the Commercial Agents Regulations 2001 International Company and Commercial Law Review127Google Scholar
1927
Meisel, F.Auctioneers and buyers: a special relationship? 2005 Professional Negligence250Google Scholar
Ellinger, E.The drawer’s right of subrogation revisited 1996 Journal of Business Law399Google Scholar
Morris, P.The ombudsman for corporate estate agents 1994 Civil Justice Quarterly337Google Scholar
1993
Gardiner, C.The EC (Commercial Agents) Directive: twenty years after its introduction, divergent approaches still emerge from Irish and UK courts 2007 Journal of Business Law412Google Scholar

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  • Agency
  • Nicholas Ryder, University of the West of England, Bristol, Margaret Griffiths, University of Glamorgan, Lachmi Singh, University of the West of England, Bristol
  • Book: Commercial Law
  • Online publication: 05 August 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139023733.003
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  • Agency
  • Nicholas Ryder, University of the West of England, Bristol, Margaret Griffiths, University of Glamorgan, Lachmi Singh, University of the West of England, Bristol
  • Book: Commercial Law
  • Online publication: 05 August 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139023733.003
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Agency
  • Nicholas Ryder, University of the West of England, Bristol, Margaret Griffiths, University of Glamorgan, Lachmi Singh, University of the West of England, Bristol
  • Book: Commercial Law
  • Online publication: 05 August 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139023733.003
Available formats
×