Module 10 AGENCY LAW1101

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Module 10AGENCYLAW1101
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AGENCY SUMMARY

• What is an agent?
• How is an agency created?
• What is the authority of an agent?
• What are the duties of an agent?
• What are the rights of an agent?
• Liability in agency law
• Termination of an agency.

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AGENCY SUMMARY

• What is an agent?
• How is an agency created?
• What is the authority of an agent?
• What are the duties of an agent?
• What are the rights of an agent?
• Liability in agency law
• Termination of an agency.

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ESSENTIAL PRINCIPLES

• MEANING OF AGENCYAgency is a fiduciary
  relationship where one, the agent, is authorised
  to bring the other, the principal, into legal
  relations with a third party

PRINCIPAL
THIRD PARTY
AGENT
Often Contract
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WHEN IS AN AGENT NOT AN AGENT

• Selling agent
• International Harvester Co of Australia Pty Ltd v
  Carrigans Hazeldene Pastoral Co
• Employer/Employee/ Independent
  contractor

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CREATION OF AGENCY

• Express Agreement
• Implied Agreement
• Emergency
• Great Northern Railway Co v Swaffield but not
  Sachs v Miklos
• Married women
• Cohabitation
• Agency by Estoppel or Holding Out
• Lucken v Buckeye Parking Corp
• Ratification

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AUTHORITY OF AN AGENT

• Actual
• Express and
• Implied
• ANZ Bank Ltd v ACEC
• Apparent or Ostensible
• Panorama Developments (Guildford) Ltd v Fidelis
  Furnishing Fabrics Ltd
• Freeman Lockyer v Buckhurst Park Properties
  (Mangal) Ltd

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DUTIES AND RIGHTS OF AGENTS

• DUTIES OF AGENT TO PRINCIPAL
• To follow instructions - Mitor Investments
• Not to exceed authority
• To use reasonable diligence skill and care -
  Chaudhry v Prabhakar
• Fiduciary duty (act in good faith)
• Not to make a secret profit or take a bribe
• Avoid conflicts of interests
• Not misuse confidential
• Act in person
• Keep accounts

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DUTIES AND RIGHTS OF AGENTS

• DUTY OF PRINCIPAL TO AGENT
• right of agent to remuneration
• right of agent to indemnity
• right of lien

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LIABILITY IN AGENCY LAW

• To Third Party
• Breach of warranty of authority
• Other instances
• Principal disclosed
• Anonymous principal
• Agent acting as though principal

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TERMINATION OF AGENCY

• BY OPERATION OF LAW
• death
• mental incapacity
• bankruptcy
• illegality of subject
• frustration
• dissolution of corporation

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TERMINATION BY ACTION OF PARTIES

• complete performance
• mutual agreement
• expiration of time
• dismissal
• revocation of As authority -

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Assessment

• Assignment
• 30 per cent
• Tutorials
• 10 per cent
• Exam
• 9am 6 November 2002
• 60 per cent

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Exam Outline

• Question 1 is on Module 5 - Criminal law and will
  be comprised of a problem question and a short
  essay question.
• Question 2 is drawn from Module 10 - Principal
  and Agent and will be a longer problem question.
• Question 3 will be problem questions drawn from
  the Contract Law section - Modules 7-9.
• Question 4 comprises two problem type question on
  Torts - Module 6
• Question 5 will be more problem questions on
  contract Modules 7-9

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Timing

• 10 minutes perusal 3 hours exam time
• 35 minutes per question
• Allot time within questions according to their
  worth
• 3 minutes per mark

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Exam Preparation

• Open Book
• See Selected Reading 1.1
• Summaries under module and topic headings
• Make sure elements or tests listed
• Note cases for principles of law
• Make sure you know and can use the key terms

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Exam Preparation

• Test yourself especially with problem questions
  and timing of answers
• You must still know the work

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The Exam - Using Perusal Time

• Read the paper
• Divide your time-should be done before
• Decide order
• Note issues in problem question
• Note points on short essay
• Commence plans of problem questions

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Short Answer/Short Problem

• Directive words
• List, Describe, Explain, Outline, Distinguish...
• Bullet points or headings as appropriate
• Cite cases especially if specifically requested
• Length does not equate with quality
• Will generally not require regurgitation of facts
• More likely to compare or discuss
• Mainly problem questions this year

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Problem Questions

• Read the question carefully more than once
• Identify issues
• Plan answer
• Dont restate the facts
• ILAC is useful to keep answers on the track
• BUT
• It may be useful to deal with issues separately
  or if an issue is easily able to be disposed of

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Problem Questions (contd)

• Cases used as authority for principle of law
• Cases also used if their facts are quite similar
  to those in the problem
• There may be no obviously RIGHT answer so
  accurate statement of the law and logical
  application of it to the facts required
• Make sure you have answered the question eg
  Advise... What remedies...
• In your conclusion the advice may be qualified
  by some need for further information or
  uncertainty about the precise application of the
  law

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General Presentation

• Number answers clearly
• Mark numbers on the front of the answer booklet
  clearly
• Case names and statutes underlined
• TIMING
• TIMING
• TIMING

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After the Exam

• Celebrate
• Receive HD, A ......
• Celebrate again
• Ritual note burning or enrol in a law degree