Agency Law in Commercial Practice

Front Cover
Danny Busch, Laura Macgregor, Peter Watts
Oxford University Press, Jan 28, 2016 - Law - 344 pages
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.
 

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Contents

About the Editors
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
Index

Directors as AgentsSome Aspects of Disputed Territory

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Common terms and phrases

About the author (2016)

Danny Busch holds the Chair for Financial Law at Radboud University, Nijmegen. He also is the Director of the Institute for Financial Law at the University of Nijmegen. From 2002 until 2010 he was an attorney-at-law (advocaat) with the leading Dutch law firm De Brauw Blackstone Westbroek in Amsterdam where he practised banking and securities law (both the private law and regulatory aspects). Laura Macgregor is Senior Lecturer in Commercial Law at the University of Edinburgh. She is Director of the Edinburgh Centre for Commercial Law, the main aim of which is to foster closer ties between academia and commercial practice. She is Visiting Professor in International Commercial Law at Radboud University, Nijmegen. Peter Watts is a professor at the University of Auckland, New Zealand. He is also a barrister at Bankside Chambers, Auckland and a Door Tenant at Fountain Court Chambers, London. In 2012, he appeared as counsel in New Zealand's Court of Appeal, and in the Supreme Court, New Zealand's highest court. In May 2013 he was made Queen's Counsel.

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