Agency Agreement in UK Law

Leading Cases
  • Alan Ramsay Sales & Marketing Ltd v Typhoo Tea Ltd
    • Queen's Bench Division (Commercial Court)
    • 08 Marzo 2016

    In his submissions, Mr Thomas QC placed great emphasis on this point, saying that, in the real world, any valuation would take account of the fact that the agency was terminable after twelve months. However, I agree with Mr Segal QC that this is a heterodox approach.

  • Luxor (Eastbourne) Ltd v Cooper
    • House of Lords
    • 12 Diciembre 1940

    The general presumption is that the parties have expressed every material term which they intended should govern their agreement, whether oral or in writing. But it is well recognised that there may be cases where obviously some term must be implied if the intention of the parties is not to be defeated, some term of which it can be predicated that "it goes without saying", some term not expressed but necessary to give to the transaction such business efficacy as the parties must have intended.

    Such a claim is in the nature of a quasi-contractual claim. For instance, if the negotiations between the vendor and the purchaser have been duly concluded and a binding executory agreement has been achieved, different considerations may arise. I think as at present advised that it ought then to be held that he is also in breach of his contract with the commission agent, that is, of some term which can properly be implied.

  • Explora Group Plc v Hesco Bastion Ltd and Another
    • Court of Appeal (Civil Division)
    • 20 Julio 2005

    In these circumstances, I feel entitled to deal with issue 8(b) relatively briefly. The judge thought that if the commission in respect of the DSCC contract had not been assignable even in the absence of an express prohibition, then it would have been irrelevant that it had been expressly assigned by TTF to Explora. He rejected Mr Purle's submission that the ineffective assignment would have taken effect as a trust in favour of Explora (para 98).

  • Euro London Appointments Ltd v Claessens International Ltd
    • Court of Appeal (Civil Division)
    • 06 Abril 2006

    The condition precedent in the first limb of clause 4.1 and the payment obligation imposed by clause 3.1(c) are not inter-dependent. Although there may be practical considerations – and some obvious convenience – in having the same time limit in both clauses 4.1 and 3.1(c) , the fact that the time limit is the same in the two clauses is of no legal relevance.

  • AXA S.A. v Genworth Financial International Holdings, Inc.
    • Queen's Bench Division (Commercial Court)
    • 01 Noviembre 2018

    If any such application is made in the latter respect, it may be Genworth will give consideration to whether to seek to join FICL/FACL and/or Santander as additional defendants for that limited purpose, although the same effect might be achieved by other means, for example a simple agreement by FICL/FACL and Santander to be bound by the result.

  • O'Sullivan v Management Agency and Music Ltd
    • Court of Appeal (Civil Division)
    • 14 Febrero 1984

    Nor do I think that the principle is only applicable in cases where the personal conduct of the fiduciary cannot be criticised. I think that the justice of the individual case must be considered on the facts of that case. Accordingly, where there has been dishonesty or surreptitious dealing or other improper conduct then, as indicated by Lord Denning, it might be appropriate to refuse relief; but that will depend upon the circumstances.

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Legislation
  • Investigatory Powers Act 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ....... (3) In this section—..“international mutual assistance agreement” means an international agreement which—(a) relates to the provision ... intelligence service;(b) the Director General of the National Crime Agency;(c) the Commissioner of Police of the Metropolis;(d) the Chief Constable ......
  • The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013
    • UK Non-devolved
    • 1 de Enero de 2013
    ...... the transfer date in respect of—(a) the exercise of any of the functions of the Agency;(b) under or in connection with any contract or agreement entered into by the Agency; or(c) in connection with any of the property or liabilities of the Agency transferred by this Order, . (3) Subject to ......
  • The Agency Workers Regulations 2010
    • UK Non-devolved
    • 1 de Enero de 2010
    ...... as a worker, the relevant terms and conditions that are ordinarily included in the contracts of workers of the hirer,whether by collective agreement or otherwise, including any variations in those relevant terms and conditions made at any time after the qualifying period commenced. . (3) Paragraph ......
  • Serious Crime Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ......"(ab) in relation to the exercise of a power by a National Crime Agency officer, the Director General of the National Crime Agency or any other ...(d) they have agreed to marry one another (whether or not the agreement has been terminated);. . . (e) they have entered into a civil ......
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Books & Journal Articles
  • Comment: Mandatory Compensation to Commercial Agents upon Termination of Agency under Ethiopian Law
    • No. 11-2, July 2017
    • Mizan Law Review
    • Kamil Abdu Oumer
    • Kamil Abdu Oumer (LLB, LLM), Lecturer of Law at Wollo University School of Law, Dessie, Ethiopia. I thank Dr. Elias Nour for his constructive comments. The author can be reached at: Kamillaw2009@gmail.com
    • 424-439
    The Ethiopian Commercial Code recognizes mandatory compensation if agency agreement for an indefinite period of time is terminated due to the fault of the principal; and the Draft Commercial Code i...
    ...... Kamil Abdu Oumer ♦ . Abstract . The Ethiopian Commercial Code recognizes mandatory compensation if agency agreement for an indefinite period of time is terminated due to the fault of the principal; and the Draft Commercial Code is likely to maintain this ......
  • Redundancy in the Australian Public Service — Some Critical Reflections
    • No. 41-3, September 2013
    • Federal Law Review
    This article critically examines the law concerning dismissal on grounds of redundancy as it applies to the Australian Public Service (‘APS’). Such an examination is timely, given the newly elected...
    ...... any consultation obligations in a modern award or enterprise agreement and it would not have been re asonable in all the circumstances to ... or redeployment of redundant employees beyond the individual agency. However the FW Act fundamentall y changed the law in this area. The ......
  • Inter-agency evidence sharing in competition law enforcement
    • No. 19-1, January 2015
    • International Journal of Evidence & Proof, The
    While transnational antitrust enforcement is becoming only more common, the access to foreign-based evidence remains a considerable practical challenge. This article appraises considerations and co...
    ......, where the competitionagency is empowered to share confidential information with foreign counterparts, also withoutany underlying bilateral agreement and on a non-reciprocal basis. This solution shows that apragmatic and workable approach to inter-agency evidence sharing can be ......
  • Using Military Spending Data: The Complexity of Simple Inference
    • No. 36-6, November 1999
    • Journal of Peace Research
    This study assesses the reliability of estimates of the direction of military spending growth obtained from two main sources - the US Arms Control and Disarmament Agency (ACDA) and Stockholm Intern...
    ...... from two main sources – the US Arms Control and Disarmament Agency (ACDA) and Stockholm International Peace Research Institute (SIPRI). It amines the average directional agreement between early and late ACDA and SIPRI spending estimates for a full sample ......
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