TheLawofAgency代理人.docVIP

PAGE 21 PAGE 29 Acy 2151 Business Law : Lectured By Terman Wong, K.N.(黃覺岸; 筆名: 王岸然,) Tel: 2609-7843 The Law of Agency代理人 @ Nature of Agency (2) @ Creation of Agency Relationship (3) @ Capacity of Agents (5) @ Rights and Duties of Agents (7) @ Agents Authority (16) @ The undisclosed principal and Settlements between Agent and Principal (21) @ Termination of Agency (25) Tutorial (27) @ Nature of Agency Agency is a necessary commercial device. Eg, as company is a legal person, all its acts are done by agents. Even small business need agents in order to carry out business, eg the shop assistants. The function功能, of the agent is to act on behalf of his principal to establish a contractual relationship between the principal委托人 and a third party. Normally, the Agent makes the contract for the Principal and then drops out of the picture and the rights and obligations in the contract continue with the principal and the third party, the agent has no rights or liabilities under that contract. In law, however, the relationship is far more complicated. The principal is jointly共同 and severally各自 liable with his agent for any torts committed within the scope of his authority. More often the wrongful act is performed by the agent acting within his apparent明顯 or ostensible表面的 authority. [Charles 268] Lloyd v Grace, Smith Co. [1912} A.C. 716 - L. who owned cottages村舍 and money lent on mortgage consulted G Co., Solicitors. She was seen by S., their managing clerk, who fraudulently欺詐 induced L. to sign deeds, which in fact transferred the cottages and the mortgage to S. S realised these assets and absconded潛逃. - Held: G. Co. were liable for the fraud of S. United Bank of Kuwait v Hammond; City Trust v Levy [1988] 1 WLR 105 - Two cases - A solicitor acting as a partner in the first case and as an assistant in the second, signed forms of guarantee擔保 and undertakings許諾, without actual authority, and resulted in both Banks lending money to fraudulent third parties. - Hel