Law of Agency (LAWS6859)

UNIT OF STUDY

Persons who do acts affecting their legal position very frequently do not do this themselves but through others. Applications of the law of agency are pervasive throughout the law: they are not confined to professional agents, nor to commercial law. This unit will seek to examine the general principles by which one identifies an "agent" and the consequences of that position, and will then pay particular attention to the specific agency doctrines of apparent authority, ratification, warranty of authority and the undisclosed principal. It will also take in agency applications of fiduciary doctrine. It will also take in relevant but less central applications of agency doctrine in tort and property situations, and the problem as to where it is argued that notice to an agent is notice to the principal. Comparisons will be made with the American Restatement, Third Agency and certain European formulations such as the UNIDROIT Principles of International Commercial Contracts (2004).

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Further unit of study information

Classes

Sep 2-4 & 8, 9 (9-3.30)

Assessment

take-home exam (100%)

Faculty/department permission required?

No

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