Details
- Combines comprehensive and scholarly analysis with grounded, practical approach to modern commercial contexts
- Clear and concise analysis of the principles of agency law
- Essential guide to agency law for all commercial law practitioners and students
New to this Edition:
- Discussion of the impact of the European Union (Withdrawal) Act 2018 on interpretation of the Commercial Agents (Council Directive) Regulations 1993 by English courts
- Examination of liability under Hedley Byrne amended to reflect the decision reached in Playboy Club London Ltd v Banca Nazionale del Lavoro SPA (2018)
- Analysis of termination of agency updated to reflect the introduction of the Guardianship (Missing Persons) Act 2017
- New section on conflict of laws and applicable laws considering National Bank of Kazakhstan v Bank of New York Mellon (2020)
Questions of agency regularly arise in the work of commercial practitioners. Agency: Law and Principles addresses these questions by offering clear and accessible analysis of the principles of agency law, as well as detailed explanation of the Commercial Agents (Council Directive) Regulations of 1993.
Forensic analysis of case law is combined with a practical approach to the law which accurately reflects modern commercial realities, considering the application of agency principles according to particular classes of agents operating in the major commercial sectors. Areas discussed include actual and apparent authority of an agent, agency of necessity, want of authority and ratification looking at the legal relations between principal and agent, and between third party as well as the relations between agent and third party, sub-agency and termination of agency.
This fourth edition has been updated to include all significant new case law and legislation, while also considering the impact on the principles of agency law. The implications of the European Withdrawal Act (2018) regarding English Couts' interpretation of the Commercial Agents (Council Directive) Regulations 1993 are considered. Case law on the Regulations is covered as part of this analysis including Green Deal Marketing Southern Ltd v Economy Energy Trading Ltd (2019). The disputed decision in East Asia Company Ltd V PT Satria Tirtatama Energinde (2019) is analysed in the coverage of agents' apparent authority. The distinction between agents, employees and independent contractors with regards to vicarious liability, as exemplified in three Supreme Court decisions, Various Claimants v Catholic Child Welfare Society (2012), WM Morrison Supermarkets Plc v Various Claimants (2020) and Barclays Bank v Various Claimants (2020), is fully explained.
1:The Nature of Agency
2:Creation of Agency
3:The Actual Authority of the Agent
4:Apparent Authority
5:Authority Deriving from Agency of Necessity
6:Ratification
7:The Agent's Liability for Breach of Warranty of Authority
8:Legal Relations Between Principal and Agent: Duties the Agent Owes to his Principal
9:Legal Relations Between Principal and Agent: Rights of the Agent Against the Principal
10:Legal Relations Between Principal and Agent
11:The Tortious Liabilities of Principal and Agent
12:Legal Relations Between Agent and Third Party
13:Termination of Agency
Roderick Munday is a Reader in the Faculty of Law and Fellow and Director of Studies in Law at Peterhouse.
Dr Munday currently lectures in the Law Faculty at Cambridge on the Law of Contract, Commercial Law, Criminal Procedure and Criminal Evidence, and Comparative Law. His research interests are varied, but largely centre upon the Law of Evidence, Comparative Law and legal method. Dr Munday holds a part-time visiting professorial appointment at the University of Paris II, and in the past has held visiting chairs at the University of Paris I, the University of Poitiers, the University of Kansas, the Victoria University of Wellington, and the University of Florida.
Having completed his undergraduate studies in Law at Cambridge, Dr Munday began research towards a doctorate. After teaching at the Institut de Droit Comparé, Université Panthéon-Assas Paris II, he was elected into a Research Fellowship at St. Catharine's College, but shortly afterwards translated to Peterhouse as an Official Fellow.
Review(s) from previous edition
"This text is a thorough undertaking which manages to be both accessible and easy to read, yet comprehensive and scholarly in its approach.....the author manages to bring to life what is traditionally perceived as a rather dry subject by showing its direct relevance to modern commercial realities. - Severine Saintier, Legal Studies
"Although academic takes on the preliminary reference procedure are well known, the book under review stands out as certainly the most detailed exposé of the key issues related to the procedure in recent years. Besides its satisfying richness, the book is strictly legal and written in the best traditions of legal scholarship sensu stricto, which is an overwhelming pleasure to read for a lawyer...recommend that your library order this book." - Dimitry Kochenov, Legal Issues of Economic Integration.
"This new work, written by a leading Cambridge academic, is in my view now the best one stop introduction to agency available for practitioners and law students alike... The quality of the work is impressive and this essential work should form part of all academic law libraries and the law libraries of any firm of solicitors or set of chambers operating in the commercial field." - Bankim Thanki QC, Fountain Court Chambers
"...whether you are student, academic or busy lawyer, this is a short book from which you will find it difficult not to benefit" - Andrew Tettenborn, University of Exeter
"To tackle this reasonably 'new' area of the law of agency in a general book on the topic further helps to highlight the relevance of agency as a modern commercial marketing tool for businesses. Overall this contribution represents a very useful addition to the scholarship in this area and will assist many readers to further their understanding of this fascinating area" - Severine Saintier, Legal Studies
