Agency Law in Commercial PracticeDanny Busch, Laura Macgregor, Peter Watts This book explores a range of problems in the application of agency law in commercial practice. Moving beyond the limited introductory resources currently available, it "tests" abstract agency law concepts in specific commercial contexts, with reference to jurisdictions around the world. There is an enduring commonality of concepts and principles within agency law, both within the Commonwealth and within the jurisdictions of the United States. The book's comparative approach, drawing together analysis of national and international jurisdictions, provides innovative perspectives and insights, as well as practical guidance on solving commercial problems. The book opens with a detailed introductory chapter which provides a broad overview of the agency issues arising in specific commercial contexts. The subsequent chapters are grouped thematically: company law, financial transactions and services, sale of goods; as well as agency in procedural contexts. Topics covered include the role of the director and directorial board in company law and agency law, agency in shipping law, undisclosed principal in sale of goods cases, regulation of conflicts of interest in securities transactions, poseur-agents and transactional intermediation, the operation of agency in retail financial services, the agent's warranty of authority, and power of attorney. This book is an invaluable resource on both agency theory and commercial practice. |
Contents
Table of Legislation | |
Introduction | |
Ratification | |
The Poseur as Agent | |
Unidentified Principals in Common | |
Undisclosed Principals and the Sale of Goods | |
Undisclosed Indirect Representation Protecting | |
The Agency of Liquidators and Receivers | |
AGENCY IN FINANCIAL TRANSACTIONS AND SERVICES | |
Instruments Directive | |
Agency and the Retail Distribution of Financial Products | |
Imputation of the Agents | |
Powers of Attorney Strictly Speaking | |
INTERNATIONAL PERSPECTIVES ON AGENCY | |
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Common terms and phrases
1993 Regulations acting on behalf agency law apparent authority apply appointed representative attorney’s Bank BCLC Bowstead & Reynolds breach choice of law civil client orders commercial agent Commission common law company’s conduct context Contract Law contractual counterparty creditors dealing directors disclosed disclosure doctrine duty of care English European EWCA Civ EWHC execution fiduciary duties financial instruments Financial Services Ibid imputation indirect representation insured’s interest Intergraph intermediary International investment firm acts investment service involved jurisdiction knowledge Law of Agency liability liquidator Lloyd’s Rep Lord mandatory MiFID and Art MiFID II MiFID Implementing Directive obligations party’s person portfolio management poseur powers of attorney principal’s professional clients purported principal ratification reasonable receiver’s regime regulatory relation relationship relevant Restatement Third rules shareholders statutory strict construction third party tort transaction UKSC undisclosed principal unidentified principal Unidroit vicarious liability