Tan Cheng Han, The Law of Agency

Author
DOI10.3366/elr.2019.0544
Published date01 January 2019
Date01 January 2019
Pages150-151

This book, written by a leading expert on agency law, focusses principally on the law of Singapore. This review seeks to illustrate why the book is highly relevant for a Scottish readership.

Both agency law in Scotland, and agency law in Singapore, lie broadly within the Common Law tradition. Proof of this can be found in the fact that the English definition of apparent authority is often relied upon in the courts of both countries. Neither country benefits from a large flow of case law, and this is problematic given that both legal systems rely on precedent to develop the law. In both countries, therefore, a new development in English law is looked at with significant interest. If a solution is required to an agency problem in Scots law, it may be appropriate for the courts to look to English law for inspiration. The Scottish courts often do so, see, for example, Gray v Braid Logistics (UK) Ltd ([2017] CSOH 44), in which Lord Bannatyne developed the Scots law of ratification by reference to Owners of the Ship “Borvigilant” v Owners of the Ship “Romina G” ([2003] EWCA Civ 935, [2003] 2 All ER (Comm) 736). This book illustrates this process taking place in the context of the law of Singapore. In the book, the author weighs and considers developments in English law, at times recommending their adoption and, at others...

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