Law of Agency in UK Law

Leading Cases
  • Rose v Plenty
    • Court of Appeal (Civil Division)
    • 07 Jul 1975

    Similarly, when, as I shall indicate, it is important that one should determine the course of employment of the servant, the law of agency may have some marginal relevance But basically, as I understand It, the employer is made vicariously liable for the tort of his employee not because theplaintiff is an invitee, nor because of the authority possessed by the servant, but because It is a case in which the employer, having put matters into motion, should be liable if the motion that he has originated leads to damage to another.

  • Launchbury v Morgans
    • House of Lords
    • 09 May 1972

    For I regard it as clear that in order to fix vicarious liability upon the owner of a car in such a case as the present, it must be shown that the driver was using it for the owner's purposes, under delegation of a task or duty. The substitution for this clear conception of a vague test based on "interest" or "concern" has nothing in reason or authority to commend it.

  • Morris v Kanssen, sub nom Kanssen v Rialto (West End) Ltd
    • House of Lords
    • 22 Mar 1946

    The wheels of business will not go smoothly round unless it may be assumed that that is in order which appears to be in order. It is a rule designed for the protection of those who are entitled to assume, just because they cannot know, that the person with whom they deal has the authority which he claims. He cannot presume in his own favour that things are rightly done if enquiry that he ought to make might tell him that they were wrongly done.

  • Bilta (UK) Ltd (in Liquidation) v Nazir
    • Supreme Court
    • 22 Abr 2015

    The fundamental point made by the Court of Appeal in this case and the Court of Final Appeal in Moulin is that, while the basic rules of attribution may apply regardless of the nature of the claim or the parties involved, the breach of duty exception does not. It reflects the fact that the rules of attribution are derived from the law of agency, whereas the fraud exception, like the illegality defence which it qualifies, is a rule of public policy.

    In Meridian Global Funds Management Asia Ltd v Securities Commission [1995] 2 AC 500, Lord Hoffmann (at p 506) pointed out that it is a necessary part of corporate personality that there should be rules by which acts are attributed to the company. First, he identified the "primary rules of attribution" from company law, which is the first of the direct forms of liability which we describe above.

  • Standard Chartered Bank v Pakistan National Shipping Corporation and Others
    • House of Lords
    • 06 Nov 2002

    He was the only human being involved in making the representation to SCB (apart from administrative assistance like someone to type the letter and carry the papers round to the bank). It is true that SCB relied upon Mr Mehra's representation being attributable to Oakprime because it was the beneficiary under the credit. But they also relied upon it being Mr Mehra's representation, because otherwise there could have been no representation and no attribution.

  • Tesco Supermarkets Ltd v Nattrass
    • House of Lords
    • 31 Mar 1971

    A living person has a mind which can have knowledge or intention or be negligent and he has hands to carry out his intentions. A corporation has none of these: it must act through living persons, though not always one or the same person. Then the person who acts is not speaking or acting for the company. He is acting as the company and his mind which directs his acts is the mind of the company. If it is a guilty mind then that guilt is the guilt of the company.

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Legislation
  • Children and Families Act 2014
    • England & Wales
    • 1 de Enero de 2014
    ...... be given to religious persuasion, racial origin and cultural and linguistic background), for "In placing the child for adoption, the adoption agency" substitute "In placing a child for adoption, an adoption agency in Wales". . (3) In consequence of the amendment made by subsection (2)-. . . ......
  • Crime and Courts Act 2013
    • UK Non-devolved
    • 1 de Enero de 2013
    ... . . Crime and Courts Act 2013 2013 CHAPTER 22 . An Act to establish, and make provision about, the National Crime Agency; to abolish the Serious Organised Crime Agency and the National Policing Improvement Agency; to make provision about the judiciary and the structure, ......
  • European Union (Withdrawal) Act 2018
    • UK Non-devolved
    • 1 de Enero de 2018
    ...... “EU entity” means an EU institution or any office, body or agency of the EU; . “EU reference” means—(a) any reference to the EU, an EU entity or a member State,(b) any reference to an EU directive or any ......
  • Modern Slavery Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... . . (a) a chief officer of police,. . . (b) an immigration officer, or. . . (c) the Director General of the National Crime Agency ("the Director General"). . (2) The court may make the order only if it is satisfied that-. . . (a) the defendant is a relevant offender (see ......
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Books & Journal Articles
  • Authority and Necessity in the Law of Agency
    • Núm. 55-3, Mayo 1992
    • The Modern Law Review
  • REVIEWS
    • Núm. 43-2, Marzo 1980
    • The Modern Law Review
    The New Politics of Human Rights. By James Avery Joyce. Law as Rule and Principle. By Theodore M. Benditt. Values in Law. By Stig Jorgensen. Law and Society: Readings in the Sociology of Law. Edite...
    ...... COLIN TAPPER. AN OUTLINE OF THE LAW OF AGENCY. By B. S. MARKESINIS and R. J. C. MUNDAY. [London: Butterworths. 1979. xviii and 252 pp. Paperback : €3.95.1 THE law of ......
  • REVIEWS
    • Núm. 16-1, Enero 1953
    • The Modern Law Review
    Book reviewed in this article: Parliament: A Survey. Edited by Lord Campion. The British Cabinet System. By Arthur Berriedale Keith. Second Edition by N. H. Gibbs Mr. Justice Sutherland. By Joel Fr...
    ...... Would not, for example, the law of agency have provided more interesting material? In defining at p. 892 the economic background of true (sic) corporate status as a ......
  • REVIEWS
    • Núm. 25-5, Septiembre 1962
    • The Modern Law Review
    Book reviewed in this article: GENERAL PRINCIPLES OF CRIMINAL LAW. By JEROME HALL. Second edition by the author. CRIMINAL LAW: THE GENERAL PART. Second edition. By GLANVILLE WILLIAMS. THE LAW OF AG...
    ...... J. E. HALL WxLLrma. THE LAW OF AGENCY. Second edition. By RAFTUEL POWELL, D.c.L., of the Middle Temple, Barrister-&-Law. [London : Sir Isaac Pitman & Sons, Ltd. liv ......
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Law Firm Commentaries
  • UK Food Standards Agency Reviewing Feed Law Code and Guidance
    • LexBlog United Kingdom
    The UK Food Standards Agency (FSA) is consulting on its proposals to amend the Feed Law Code of Practice and Practice Guidance. The Code and Guidance have to be taken into account by local authorit...
  • UK Food Standards Agency reviewing Feed Law Code and Guidance
    • LexBlog United Kingdom
    The UK Food Standards Agency (FSA) is consulting on its proposals to amend the Feed Law Code of Practice and Practice Guidance. The Code and Guidance have to be taken into account by local authorit...
  • UK Food Standards Agency reviewing Feed Law Code and Guidance
    • JD Supra United Kingdom
    The UK Food Standards Agency (FSA) is consulting on its proposals to amend the Feed Law Code of Practice and Practice Guidance. The Code and Guidance have to be taken into account by local authorit...
  • Insurance Law Reform: Status Of Intermediaries
    • Mondaq United Kingdom
    ......intermediary misrepresents or fails to disclose matters that are. material to the risk. The present legal position, based on the law. of agency, is that the intermediary normally acts for the insured. and in such circumstances the insurer may be entitled to avoid the. policy on the grounds of ......
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