This authoritative reference work examines the laws, procedures, and practice relating to commercial company and distribution agreements in fifty four national jurisdictions worldwide. Other fashionable codes like these of Poland and Italy don’t even comprise the until” clause and prescribe only that an agent’s energy of lawyer have to be granted with the formalities prescribed for the contract that is to be entered into by the agent.
If the principal and agent stand in a grasp-servant relationship to each other, the grasp is vicariously chargeable for his servant’s tortious conduct committed throughout the course of his employment no matter any personal fault on the grasp’s half.
A solution to those conflicts of interests must in final analysis relaxation upon an evaluation of the extent to which the relationship between the undisclosed principal and the agent ought to affect the contract made by the agent with a third occasion.
Clearly, a …
The Estate Brokers Authority’s (EAA) goal in publishing this monograph is to offer property agency practitioners a common understanding of the laws and laws relating to encumbrances in Hong Kong. If the agent has acted with out precise authority, however the principal is however certain as a result of the agent had apparent authority, the agent is liable to indemnify the principal for any resulting loss or harm. A principal’s termination of the agency relationship does not essentially have the identical effect vis-à-vis the agent as it has with respect to the third get together.
The agent employed to handle investments has an obligation to deal solely as would a prudent investor with reference to the principal’s personal financial scenario. Solely in such a case can there be direct illustration—the place the principal alone is the party to the contract—in distinction to oblique representation.
In such a situation it was …
The Colorado Supreme Courtroom lately clarified that common legislation guidelines of agency nonetheless apply to purchasers of insurance coverage when buying uninsured/underinsured motorists protection. When the employer offers extra specific directions, or exerts more control, as to the means and strategies of doing the job—by providing particular instructions as to how goods are to be bought or marketed, for instance—then an company relationship could exist.
An agent is not personally liable to a third get together for a contract the agent has entered into as a consultant of the principal as long as the agent acted inside the scope of her or his authority and signed the contract as agent for the principal.
Regardless of this express statutory language, German courts do require compliance with formalities in certain excessive conditions underneath strain of sensible necessity, so as to keep away from frustration of the intention of the formal requirement within …