MindMap Gallery AGENCY LAW (CIB2002)
This is a mind map about AGENCY LAW.
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AGENCY LAW
DEFINITION
PRINCIPAL
Party who employs another person to act on its behalf
AGENT
The party that agrees to act on behalf of others.
THIRD PARTY
The party whom the agent contracts with on behalf of the principal
AGENCY
A FIDUCIARY LEGAL RELATIONSHIP WHERE ONE PERSON BEHALF ON ANOTHER IN DEALING WITH THIRD PERSON
KGN JAYA SDN.BHD. V. PAN RELIANCE SDN. BHD.[1996]
CREATION OF AGENCY
1. EXPRESS APPOINTMENT
S. 139 CA
BY THE PRINCIPAL
S. 140 CA
BY WORDS SPOKEN / WRITTEN
2. IMPLIED APPOINTMENT (S.139)
INFERENCE FROM WORDS/ CONDUCT~HOLDING OUT
CHAN YIN TEE V WILLIAM JACKS @ CO. (MALAYA)LTD [1964]
RYAN V PILKINGTON [1959]
RELATIONSHIP BETWEEN HUSBAND & WIFE
MISS GRAY V CATHCART [1922]
THE PARTNERSHIP ACT 1961, S7
3. RATIFICATION BY PRINCIPAL (S.149)
PRINCIPAL ACCEPTING THE UNAUTHORIZED ACT OF AN AGENT
1. EXCEED
2. NO AUTHORITY
4. NECESSITY (S.142)
IMPOSSIBLE TO GET PRINCIPAL'S INSTRUCTION
SPRINGER V GWR CO. [1921]
ACTION IS NECESSARY
PRAGER V BLATSPIEL. STAMP &HEACOCK LTD. [1924]
ACTED IN GOOD FAITH
5. DOCTRINE OF ESTOPPEL (S.190)
No one can be bound by a contract made on his behalf without his authority
FREEMAN V BUCKHURST PARK PTY LTD [1964]
DUTIES & RESPONSIBILITIES
Principal to his Agent: S.164
1. INDEMNIFY AGENT AGAINST CONSEQUENCES OF LAWFUL ACTS: S.175
2. INDEMNIFY AGENT AGAINST CONSEQUENCES OF ACTS DONE IN GOOD FAITH: S.176
3. NOT LIABLE FOR CRIMINAL ACT DONE BY AGENT: S.177
4. COMPENSATE AGENT FOR INJURY CAUSED BY PRINCIPAL'S NEGLECT: S.178
Agent to his Principal (S.175-178 CA 1950)
1. OBEY PRINCIPAL'S INSTRUCTIONS: S.164
2. IF NO INSTRUCTIONS, ACT ACCRODING TO CUSTOM: S.164
3. EXERCISE PROPER CARE, SKILL & DILIGENCE: S.165
KEPPEL V WHEELER [1927]
4. RENDER PROPER ACCOUNTS: S.166
5. PAY ALL SUMS RECEIVES ON PRINCIPAL'S BEHALF: S.171
6. COMMUNICATE WITH PRINCIPAL
7. AVOID CONFLICTING INTERESTS: S.169
WONG MUN WAI V WONG THAM FATT AND ANOR [1987]
8. AVOID SECRET PROFIT: S.168
9. NOT DISCLOSING CONFIDENTIAL NFORMATION / DOCUMENT ENTRUSTED TO THIRD PARTY
10. NOT TO DELEGATE HIS AUTHORITY
TERMINATION OF AGENCY
TERMINATION BY ACT OF PARTIES
1. MUTUAL CONSENT
2. REVOCATION BY THE PRINCIPAL
3. REPUDIATION BY THE AGENT
TERMINATION BY OPERATION OF LAW
1. PERFORMANCE OF THE CONTRACT
2. DEATH OF EITHER PARTY
3. INSOVENCY / BANKRUPTCY OF EITHER PARTY
4. INSANITY OF EITHER PARTY
5. EXPIRY OF CONTRACT PERIOD
AUTHORITY OF AGENT
ACTUAL AUTHORITY
S.140 CA, 1950.
PRINCIPAL EXPRESS BY VERBALLY /WRITING
Panorama Development (Guilford) Ltd v. Fidelis Furnishing Fabrics Ltd (1971)
T.AR. CT. V. SV. KR (1955)
Tunku Ismail bin Tunku Md. Jewa & Anor. V. Tetuan Hisham, Sobri and Kadir (1989)
APPARENT/OSTENSIBLE AUTHORITY
AGENT WITH AUTHORITY IN PREVIOUSLY, BUT TERMINATED BY THE PRINCIPAL WITHOUT NOTICE TO 3RD PARTY
A Principal's words or conduct leads to 3rd party believe that his agent has authority to make contracts
Graphic Lines Pte Ltd v. Chai Chee Mein & Ors. (1987)Sheriffa Shaikhah v. Ban Hoe Seng & Co. Ltd (1963)
Sheriffa Shaikhah v. Ban Hoe Seng & Co. Ltd (1963)
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