Commercial Agent in UK Law

Leading Cases
  • Teheran-Europe Company Ltd v S T Belton (Tractors) Ltd
    • Court of Appeal (Civil Division)
    • 15 May 1968

    "Where an agent has such actual authority and enters into a contract with another party intending to do so on behalf of his principal, it matters not whether he discloses to the other party the identity of his principal, or even that he is contracting on behalf of a principal at all, if the other party is Willing or leads the agent to believe that he is willing to treat as a party to the contract anyone on whose behalf the agent may have been authorised to contract.

  • Tigana Ltd v Decoro Ltd
    • Queen's Bench Division
    • 03 Feb 2003

    It is clear that the "damage" suffered by a commercial agent as a result of the termination of the agency (Regulation 17 (6)) is – generally speaking (and breach of contract cases aside) to be regarded as a putative loss and not simply (by common law standards) actual loss. This is shown by the exclusion of principles of mitigation and applicability of the compensation provisions to termination on death or retirement.

  • Tony Vick v Vogle-gapes Ltd
    • Queen's Bench Division (Technology and Construction Court)
    • 30 Jun 2006

    The true position, as it seems to me, in a case in which an agency agreement has been wrongfully terminated without notice, is that the valuation of the amount of the goodwill payable as compensation under Regulation 17(6) includes, so far as appropriate (and it may well be that it is not appropriate to adjust the calculation in any way), the period which would otherwise have been covered by a notice.

  • Lonsdale v Howard & Hallam Ltd
    • House of Lords
    • 04 Jul 2007

    They have co-operated in building up the principal's business: the principal by providing a good product and the agent by his skill and effort in selling. The agent has thereby acquired a share in the goodwill, an asset which the principal retains after the termination of the agency and for which the agent is therefore entitled to compensation: see Saintier and Scholes, Commercial Agents and the Law (2005) at pp 175-177.

    Like any other exercise in valuation, this requires one to say what could reasonably have been obtained, at the date of termination, for the rights which the agent had been enjoying. For this purpose it is obviously necessary to assume that the agency would have continued and the hypothetical purchaser would have been able properly to perform the agency contract.

  • Lonsdale v Howard & Hallam Ltd
    • Court of Appeal (Civil Division)
    • 08 Feb 2006

    However, there is at least one type of case in which it is necessary to adopt a purposive approach in order to give effect to the intention of the Directive, namely, where the agency had a limited life and expired by effluxion of time. In that situation it might be said that at the termination of the relationship the agent had nothing he could sell and that no goodwill attached to the business.

    Mr. Moser challenged the judge's decision both on the grounds that he had failed to apply the two years' commission guideline and on the grounds that he had failed to give sufficient weight to the duration of the agency (in this case 13-12; years) or the fact that Mr. Lonsdale had performed satisfactorily.

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Legislation
  • Commercial Agents (Council Directive) Regulations 1993
    • UK Non-devolved
    • 1 de Enero de 1993
  • Diplomatic Privileges Act 1964
    • UK Non-devolved
    • 1 de Enero de 1964
    ......this section. . (2) In those Articles— . ‘agents of the receiving State’ shall be construed as including. any constable ... 7. A diplomatic bag may be entrusted to the captain of a commercial aircraft scheduled to land at an authorised port of entry. He shall be ......
  • Consumer Rights Act 2015
    • England & Wales
    • 1 de Enero de 2015
    ...... . (3) If any of the goods form a commercial unit, the consumer cannot reject some of those goods without also ... CHAPTER 3 . Duty of letting agents to publicise fees etc . S-83 . Duty of letting agents to publicise fees ......
  • Corporate Insolvency and Governance Act 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ...... any report under subsection (2), the monitor, and every officer and agent of the company past and present (other than the defendant or defender), ... (5) Condition B is that the investment consists of a bond or commercial paper issued to one or more of the following— . (a) (a) an investment ......
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Books & Journal Articles
  • Comment: Mandatory Compensation to Commercial Agents upon Termination of Agency under Ethiopian Law
    • Núm. 11-2, Julio 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...
  • On the Relations between Agent and Principal: Angove's Pty Ltd v Bailey
    • Núm. 81-1, Enero 2018
    • The Modern Law Review
    In Angove's Pty Ltd v Bailey the Supreme Court faced ‘two important and controversial questions of commercial law’: whether an agent's authority could ever be ‘irrevocable’, and whether the receipt...
    ...... u l i u sA .W .G r o w e r ∗ In Angove’ s Pty Ltd v Bailey the Supreme Court faced ‘two important and controversial questions of commercial law’: whether an agent’ s authority could ever be ‘irrevocable’, and whether the receipt of money by an imminent insolvent could ev er give ......
  • Time on the market and commercial property prices
    • Núm. 21-6, Diciembre 2003
    • Journal of Property Investment & Finance
    • 473-494
    Property markets are considered efficient when the market price of a transacted property equates with its market worth. If this condition holds then identical properties should sell or let for the ...
    ......Consequently, events in the transaction process and factors like timeon the market, buyer and seller psychology and agent behaviour influence property prices,whereas in a perfectly efficient market they would have no impact. This gives rise to similar unitsselling for ......
  • Assessing supplier performances under partnership in project‐type procurement
    • Núm. 112-2, Marzo 2012
    • Industrial Management & Data Systems
    • 290-312
    Purpose: The purpose of this paper is to investigate the effects of a commercial partnership in a project‐type supply chain. The research focuses on the performance of suppliers who develop a partn...
    ......– The purpose of this paper is to investigate the effects of a commercial partnership in aproject-type supply chain. The research focuses on the ... the supply chain management, projectmanagement, and principal-agent theory literature to develop hypotheses to examine effects ofinstituting a ......
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