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Agency Law in Commercial Practice

Agency Law in Commercial Practice

Author: Danny Busch; Laura Macgregor; Peter Watts
Publisher: Oxford University Press
ISBN: 9780198738473
Published In: February 2016
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

This book explores the problems an 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.

PART I: GENERAL
1. Introduction

PART II: GENERAL CONTRACT LAW
2. Ratification
3. Unidentified principles in common law
4. Undisclosed Agency

PART III: COMPANY LAW
5. Directors as Agents - Some Aspects of Disputed Territory
6. The Agency of Liquidators and Receivers

PART IV: SALE OF GOODS
7. Undisclosed Principals and the Sale of Goods

PART V: FINANCIAL TRANSACTIONS AND SERVICES
8. Representation and dealing on own account under the Markets in Financial Instruments Directive
9. The Poseur as Agent
10. Agency and the Retail Distribution of Financial Products
11. The Duty of Disclosure In Pre-Contractual Insurance Contexts: Imputation of The Agent's Knowledge

PART VI: AGENCY IN PROCEDURAL CONTEXTS
12. Powers of Attorney, Strictly Speaking
13. Commercial Agency and the Conflict of Laws: What Place for Party Autonomy?