The purpose of this book is to honour the influential and wide-ranging work of Professor Hugh Beale. It contains essays by twenty-five very distinguished authors, each of whom has worked with Professor Beale as a co-author, as a teaching colleague, during his time as Law Commissioner of England and Wales, or as part of the study groups working in Europe on contract and commercial law. The essays reflect different aspects of Professor Beale's interests. Some concentrate on English contract law, either from a historical or a current perspective, while others are focused on aspects of European contract law.
Creation of Agency
There are four essays looking at current issues relating to security and financing, and, as befits a former Law Commissioner, three essays on law reform. An agent who, without lawful authority or reasonable excuse, solicits or accepts any advantage in relation to his principal's affairs or business in the course of his agency shall be guilty of an offence under Section 9 of the Prevention of Bribery Ordinance, Cap.
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An agent who acquires information or knowledge which he has been employed by the principal to collect or discover, or which he has otherwise acquired for the use of his principal should not make use of the same for his personal gain. For example, in the course of acting for a purchaser, an estate agent looks for a property for investment in a particular building specified by the principal and becomes aware of a property in that building which is being offered for sale at below the market price. If the estate agent makes use of this information, which he is appointed to obtain on behalf of the purchaser, and acquires that property himself without disclosing the same to the purchaser and makes a profit by reselling it, the estate agent will, among other things, be in breach of his fiduciary duty not to make secret profit.
When an agent is appointed to facilitate or negotiate a transaction on behalf of the principal, the agent owes a duty to the principal to act in the principal's best interests within the authority of the agent. In practice, the duty to act in the best interests of the principal requires the agent to use his due diligence and skill to negotiate terms of a transaction on behalf of his principal with a third party to the greatest advantage of his principal in the circumstances.
An agent who has accepted an appointment to act for a principal "A" should not thereafter accept appointment to act for another principal "B" if the interests of principal B conflict with the interests of principal A. However, if the agent fully discloses to each principal the agent's interests under the two appointments and the fact that he acts for both principals at the same time and obtains the consent of each principal to the dual agency, he may still act for the two principals.
Accordingly, an estate agent who acts for both the vendor and purchaser in a sale and purchase property transaction must disclose the fact to both the vendor and the purchaser and obtain their consent for so acting. The agent's duty to avoid conflict of interest applies equally to cases where the interest of the agent himself or that of his close relatives conflicts or potentially conflicts with his duties to the principal.
Launch of ‘Agency Law in Commercial Practice’ | Oxford Law Faculty
However, if the agent fully discloses such interests to the principal and obtains the principal's consent, the agent may still act for the principal. Failure to make full disclosure to the principal is a breach of the agent's fiduciary duty and the agent is liable to account for any profit that the agent has made from such transaction in addition to other remedies available to the principal for the agent's breach of duty. The following situations require more discussion:.
Purchase or rent from principal — the general rule is that an agent cannot purchase or rent property from his principal without full disclosure of all the facts to the principal. The agent has to show:. How the terms and conditions of the sale or tenancy to the agent compare to a sale or tenancy to a third party in the market;.
He has disclosed all the relevant facts to the principal before entering into any agreement with the principal; and. Sale or rent to principal — similarly, an agent may not sell or let his own property to his principal without full and frank disclosure and the obtaining of his principal's informed consent. Lastly, there is a Non-Commercial Surrogacy in which there is no formal contract or any payment to the birth mother.
It is usually an arrangement between close friends or family members.
Department of Homeland Security, other U. Government civil agencies and selected commercial markets.
Headquartered in McLean, Va. Legal aspects of surrogate motherhood are governed by the Family Code, the Fundamentals of Legislation on health care. Implementation of the medical component of the surrogate motherhood is governed by Order 67 of the Ministry of Health.
Countries where legally allowed surrogate motherhood and reproductive, including commercial: US in most states, although the legislation differs from state to state. In states like New Hampshire and Virginia permits only non-commercial surrogacy. Assignment D. Analyze with the owner formed a contract with the businesses, and apply the five essential elements of an enforceable contract.
The business is growing, we want to exceed.
Actual Authority and Apparent Authority
Through an application of relevant laws and biblical principles; I will examine the capacity and authority of individuals to facilitate binding contracts, the responsibilities of merchants in the practice of good faith and fair dealing, and the issues of fraud within contracts, implied contracts, promissory estoppel, and biblical dispute resolution. This work will contain three sections. The first, will investigate.