THE UNAUTHORISED AGENT: PERSPECTIVES FROM EUROPEAN AND COMPARATIVE LAW. Ed by Danny Busch and Laura J Macgregor Cambridge: Cambridge University Press (www.cambridge.org), 2009. xxxiv + 480 pp. ISBN 97805212863889. £70.

Document Cited authorities (2) Cited in Related
AuthorRoderick Munday
DOI10.3366/elr.2011.0010
Published date01 January 2011
Date01 January 2011
Pages148-149

The law of agency, Busch and Macgregor correctly point out, is a “much under-researched area” (1). Full-blown comparative studies in the law of agency, it could be added, are truly rarae aves. If only for this reason, the present volume is to be warmly welcomed. Its focus is three important but problematic areas of agency law: apparent authority, ratification, and the falsus procurator (what English law would term third parties’ actions for breach of warranty of authority). The book contains essays from specialist national writers: alongside accounts of English and US law, we are offered studies of four Civil Law jurisdictions (France, Germany, Belgium and Holland), of two so-called “mixed” systems (Scotland and South Africa) and of two international texts that would legislate in matters of agency: The Principles of European Contract Law (PECL) and the UNIDROIT Principles of International Commercial Contracts. Accompanying Deborah DeMott's scrupulous account of the US Restatement (3d) of Agency, there is a deft essay by Francis Reynolds in which, taking the Restatement as his springboard, he differentiates the various approaches to these problems adopted around the Common Law world. This volume, then, is both a rich and authoritative source of information.

From a comparatist's angle, however, two notes...

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