Bowstead and Reynolds on Agency

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Description
Issues of agency law continue to be frequently before the courts. A fairly comprehensive approach has been taken to integrating into this edition decisions from the courts of England and Wales and the United Kingdom since the previous edition. Significant and useful new cases from the Commonwealth have also been added to the work. In addition, some new subject matter has been introduced, and some topics revised. The chapter-by-chapter outline that follows refers to decisions only from the United Kingdom or the Privy Council. In Chapter 1 (nature of agency), the text has been revised in a number of places to develop the argument that agency is not a status as such, unlike "employee" or "independent contractor", but a description given to a person while and only so long as that person is exercising authority voluntarily conferred on him or her by another. Just some of the many new cases that have addressed the question whether the full relation of principal and agent has arisen on the facts are: Medsted Associates Ltd v Canaccord Genuity Wealth (International) Ltd [2019] EWCA Civ 83; Eze v Conway [2019] EWCA Civ 88; Dinglis Management Ltd v Dinglis Properties Ltd [2019] EWCA Civ 127; Marme Inversiones 2007 SL v Natwest Markets Plc [2019] EWHC 366 (Comm); and Pengelly v Business Mortgage Finance 4 Plc [2020] EWHC 2002 (Ch). The section of the chapter addressing the significance of agency law for companies takes in Singularis Holdings Ltd (in liq) v Daiwa Capital Markets Europe Ltd [2019] UKSC 50, and Ciban Management Corp v Citco (BVI) Ltd [2020] UKPC 21. Chapter 2 (creation of agency) has new material on corporations, public bodies and states as principals, taking into account Ukraine v Law  Debenture Trust Corp Plc [2018] EWCA Civ 2026; School Facility Management Ltd v Governing Body of Christ the King College [2020]  EWHC 1118 (Comm) and older case law. There is new content on co-principals, and on ratification (including, inter alios, London Borough of Haringey v Ahmed [2017] EWCA Civ 1861 and Rolle Family & Co Ltd v Rolle [2017] UKPC 35). New material on the status of agents appointed by insurers to represent insureds in litigation links to other new references to that topic in Chapters 3 and 5 (citing Ramsook v Crossley [2018] UKPC 9; Travelers Insurance Co Ltd v XYZ (2019] UKSC 48 and earlier case law). Chapter 3 (authority) has new material on the point that a principal cannot rely on unauthorised acts without ratifying the acts (referring inter alia to Aidiniantz v he Sherlock Holmes International Society Ltd [2017] EWCA Civ 1875). It also has new material on the subject of usual authority (including Ukraine v Law Debenture Trust Plc [2018] EWCA Civ 2026; Taylor v Rhino Overseas Inc [2020] EWCA Civ 353, and East Asia Co Ltd v PT Satria Tirtatama Energindo [2019] UKPC 30). The paragraphs on the effect an agent's dishonesty has on the agent's authority have been further developed.
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Contents
1. Nature of Agency
2. Creation of Agency
3. Authority of Agents
4. Agency of Necessity
5. Sub-Agency
6. Duties of Agents towards their Principals
7. Rights of Agents their Principals
8. Relations between Principals and Parties
9. Relations between Agents and third Parties
10. Termination of Authority
11. Commercial Agents
12. Conflict of Laws
Appendix
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Author Details
PETER WATTS QC, LLM (Cantab), FRSNZ
Senior Research Fellow, Harris Manchester College, Oxford GENERAL EDITOR
F.M.B. REYNOLDS QC (Hon), DCL, FBA
Honorary Bencher of the Inner Temple; Professor of Law Emeritus in the
University of Oxford and Emeritus Fellow of Worcester College, Oxford