Friday, June 14, 2019

Explain agency law and its significance in the business environment Essay - 1

Explain agency law and its significance in the business surround - Essay ExampleThe lead story will therefore be liable not only for the acts of his promoter that falls within the scope of actual ascendency but also the agents ostensible authority (Liability in Agency Relationships). In the performance of their duty, agents have a duty to act with due diligence and skill, for display case if an agent is employed to sell, he has a duty to obtain the best price that is reasonably obtainable. It is then that the principal is liable for the acts of agents. A principal is liable depending on whether the agent discloses him in the contract or not. The case above can therefore be dealt with best by analyzing these different scenarios.In this scenario, the agent incurs neither liability nor rights under the contract. Lord Denning MR in Phonogram Ltd v Lane stated, The general principle is, of course, that a someone who makes a contract ostensibly as an agent cannot afterwards sue or be sued upon it (Baker, 2006).In this regard, the third party is aware that the agent is acting on behalf of someone but that person is unknown to him. This is evident in Felipes case above, where Felipe knew that Delilah was acting on behalf of someone but not known to him. The third party may sue either the principal or the agent this is known as the principal of election. The third party my on the alternative sue both the principal and agent, this is called a merge.In this case, the third party is totally unaware of the principal-agent relationship. The principal in this case can intervene and claim under the contract. In doing so, he renders himself liable to third parties. Third party having discovered this may elect or merge both the principal and agent. An agent cannot bind the principal where the person with whom the agent contracts know that the agent is engaged in self-dealing or has adverse interest (Miller, 2011). This is the case with Giorgio in the case in question who did

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