MLC101: Law For Commerce - Recap : Consumer Protection - Case Study - Law Assignment Help

Assignment Task:

Task:

CONTENTS

See Part 5 of Textbook – Business
Relationships/Organisations (p. 331)

Agency (see Chapter 15)

Partnership Law (see Chapter 16)

Corporations Law (see Chapter 17)

COMPARISONS

5

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AGENCY

Contents

Definition of agency

Creation of agency

Nature & scope of agent’s authority

Duties of an agent

Rights of an agent

Liabilities of agents

Termination of agency

Particular types of agents

Statutory regulation of agents

DISTINGUISHING AGENCY FROM

OTHER RELATIONSHIPS

Employers & Employees or Independent contractors

Agency overlaps with the employer/employee relationship and the employer/independent contractor relationship. These are two different classes of work in law that attract very different legal positions.

Some independent contractors may be agents for their employers. OR Independent contractors may not be agents for their employers.

E.g., Uber drivers

International Harvester v Carrigan’s
Hazeldene Pastoral Co [1958] 100 CLR 644

Does calling someone an ‘agent’ make them an agent?

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Carrigan

Visited IH’s hay baler exhibit at show

IH

Said it could be purchased from HK

Hassan & Kensell
‘Machinery and general AGENTS’

Sale

After sale

* HK went broke

* Machinery broke down

ISSUE: Can C sue IH for the faulty hay baler?

INTRODUCTION & DEFINITION OF AGENCY

PRINCIPAL AGENT THIRD PARTIES

Agents are persons who are appointed by a principal to make contracts with third parties (on behalf of the principal)

Contracts made with authority bind principal & third party

Generally agents are not personally liable for such contracts

DEFINITION OF AGENCY

What is a legal agent?

The use of word “agent”, though widely used, is not conclusive of the existence of an agency relationship in law.

Two essential elements:

Consent/assent of both principal and agent;

Authority (express or implied) of the principal for agent to act on the principal’s behalf.

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