The Estate Agents Authority’s (EAA) function in publishing this monograph is to offer estate company practitioners a common understanding of the laws and regulations relating to encumbrances in Hong Kong. Thus, French jurists infer from article 1984 of their Civil Code, in line with which agency is the act of the agent pour le mandant et en son nom (for and on behalf of the principal”), the unfavorable conclusion that in case an agent does not disclose that he’s appearing as an agent for a principal, the implications contact only the agent” himself.
Thus, even when a principal with the true financial interest in the transaction remained hid, claims for and towards him started to be acknowledged, whereas in continental law the necessity for the agent to act brazenly within the identify of the principal retained a extra basic importance in the general doctrine of contracts.
Nevertheless, whether a party has acted in good faith must not be determined by reference to an ethical or metaphysical notion of co-operation; this assessment should be based on an goal appraisal of the actual commercial company relationship.
Updated case law and case analysis regarding the admissibility of an agent’s admission based mostly on the agent’s information of the principal’s conduct or way of thinking, and whether or not data that comes to the attention of an agent by notice or in any other case is robotically held to be identified by the principal.
Whereas the rule initially may need rested upon the fiction of identity” between principal and agent, at this time it’s supported extra by the technical argument that what a lifeless man can not himself do, he can’t do by one other, with additional help garnered from the so-referred to as doctrine of the assembly of the minds that’s mandatory for concluding a contract.