国际贸易中的代理.pdfVIP

THE LAW OF INTERNATIONAL TRADE AND CARRIAGE OF GOODS THE LAW OF AGENCY Introduction : Agency is the relationship that arises where one person is appointed to act as the representative of another in order to form a legally binding contract on that person’s behalf, such as a purchase or sale of goods or land or the supply of services. There are a wide variety of circumstances in International Trade where agents are involved. In particular, import and export agents make contracts of carriage, stevedoring and storage on behalf of clients and carriers may act as agents for stevedores as in The Eurymedon. Even there the agency relationship is not fully established, as in the employer / employee situation, notions regarding the scope of duties of employment and the scope of authority discussed in agency are relevant, in particular in relation to the authority of a ship’s master to bind a shipowner or charterer to statements within a bill of lading in respect of the date of shipment of goods, the quantity and quality of goods shipped. Many relationships do not however involve agency. Thus independent contractors and consecutive providers of goods and services, such as second carriers and warehousemen are often outside the scope of the relationship. General Principles of Agency. Agency is governed by the general principles of the law of contract. The Agent establishes privity of contract between himself, his Principal and a third party. The result is :- 1). An obligation between Principal and Agent, which in itself is a special kind of contract, under an agency contract. 2). Privity of contr