Agency Law in Commercial Practice
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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1993 Regulations acting on behalf agency law apparent authority apply appointed representative attorney’s Bank BCLC Bowstead & Reynolds breach Busch choice of law civil clause client orders Comm commercial agent Commission common law company’s context contractual counterparty Court of Appeal creditors dealing directors disclosed doctrine duty of care English European EWCA Civ EWHC execution financial instruments Financial Services Ibid imputation indirect representation insured’s interest Intergraph intermediary International investment firm acts investment service investor 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 protection purported principal ratification reasonable receiver’s regime relation relationship relevant Restatement Third rules scope shareholders statutory strict construction third party tion tort transaction UKSC undisclosed principal unidentified principal Unidroit