AGENCY LAW (CIB2002)

AGENCY LAW
DEFINITION
CREATION OF AGENCY
DUTIES & RESPONSIBILITIES
TERMINATION OF AGENCY
TERMINATION BY ACT OF PARTIES
TERMINATION BY OPERATION OF LAW
1. MUTUAL CONSENT
2. REVOCATION BY THE PRINCIPAL
3. REPUDIATION BY THE AGENT
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
PRINCIPAL
AGENT
THIRD PARTY
AGENCY
Party who employs another person to act on its behalf
The party that agrees to act on behalf of others.
The party whom the agent contracts with on behalf of the principal
A FIDUCIARY LEGAL RELATIONSHIP WHERE ONE PERSON BEHALF ON ANOTHER IN DEALING WITH THIRD PERSON
1. EXPRESS APPOINTMENT
2. IMPLIED APPOINTMENT (S.139)
3. RATIFICATION BY PRINCIPAL (S.149)
4. NECESSITY (S.142)
5. DOCTRINE OF ESTOPPEL (S.190)
Principal to his Agent: S.164
Agent to his Principal (S.175-178 CA 1950)
INFERENCE FROM WORDS/ CONDUCT~HOLDING OUT
RELATIONSHIP BETWEEN HUSBAND & WIFE
CHAN YIN TEE V WILLIAM JACKS @ CO. (MALAYA)LTD [1964]
RYAN V PILKINGTON [1959]
THE PARTNERSHIP ACT 1961, S7
MISS GRAY V CATHCART [1922]
PRINCIPAL ACCEPTING THE UNAUTHORIZED ACT OF AN AGENT
1. EXCEED
2. NO AUTHORITY
IMPOSSIBLE TO GET PRINCIPAL'S INSTRUCTION
ACTION IS NECESSARY
ACTED IN GOOD FAITH
SPRINGER V GWR CO. [1921]
PRAGER V BLATSPIEL. STAMP &HEACOCK LTD. [1924]
No one can be bound by a contract made on his behalf without his authority
FREEMAN V BUCKHURST PARK PTY LTD [1964]
S. 139 CA
S. 140 CA
BY THE PRINCIPAL
BY WORDS SPOKEN / WRITTEN
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
8. AVOID SECRET PROFIT: S.168
9. NOT DISCLOSING CONFIDENTIAL NFORMATION / DOCUMENT ENTRUSTED TO THIRD PARTY
10. NOT TO DELEGATE HIS AUTHORITY
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
WONG MUN WAI V WONG THAM FATT AND ANOR [1987]
AUTHORITY OF AGENT
ACTUAL AUTHORITY
APPARENT/OSTENSIBLE 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)
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)
KGN JAYA SDN.BHD. V. PAN RELIANCE SDN. BHD.[1996]
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