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WHAT IS AGENCY?
• THE RELATIONSHIP WHICH EXISTS BETWEEN THE PRINCIPAL AND THE AGENT WHO IS AUTHORIZED TO
ACT FOR THE PRINCIPAL OR REPRESENT THE PRINCIPAL IN DEALINGS WITH OTHERS.
Principal
The person for whom such act
is done, or who is so
represented.
Agent
a person employed to do any act for
another or to represent another in
dealings with thirds persons.
18 years old, sound mind
Any person
Including minor or unsound
mind (not responsible for his
act)
CONTRACTS IN AGENCY
• The principal
• The agency
Agency
Contract
• The principal
• The 3rd party
Law of Contract
Creation of Agency
Necessity
Section 142 – In
emergencysituation
Great Northern
Railway Co. v Swaffield
Ratification
Section 149 – Agent
exceeded his authority
Principal may ratify
Or may disown the act
Estoppel
Section 190 – Principal
is stopped from
denying the agent’s
authority
Soanes v London and
South Western
Railway Co.
Express Appointment
Section 140 – Written
or Oral
Implied Appointment
Section 140 –
Circumstancesof the
case
AUTHORITIES OF AGENT
Actual
• Express by the principal
• Implied by the principal
Apparent or Ostensible
• The law regards the
agent have the
authority
DUTIES OF AGENT
Obey the principal’s
instruction
Section 164
Turpin v Bilton
Exercise care and
diligence
Section 165
Keppel v Weller
Render proper account
Section 166
Pay to his principal all
sum received on his
behalf
Section 171
Communicate with
principal
Section 167
Act in the best interest
of principal
Section 164
Not let his personal
interest conflicts with
his duty
Section 168
Not make any secret
profit
Section 168
Mahesan v Gov Officers
Coop Society
Not to disclose
confidential
information
Not to delegate his duty
Section 143
DUTIES OF PRINCIPAL
Duty to indemnity
agent for lawful duties
• Section 175
Duty to indemnify agent
for acts done in good
faith
• Section 176
Duty to compensate
agent for injury caused
by principal’s neglect
• Section 178
TERMINATION OF AGENCY
Section 154
Act of Parties
Mutual
Consent
Unilateral
Revocation by
principal
Renunciation
by agent
Operation of
Law
Performance
of contract
Expired of
period of
contract
Death
Subsequent
insanity
Bankruptcy Frustration
Section 161: Only effective if the agent and the third party know about the termination
Agency Law (Updated 2019)

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Agency Law (Updated 2019)

  • 1.
  • 2. WHAT IS AGENCY? • THE RELATIONSHIP WHICH EXISTS BETWEEN THE PRINCIPAL AND THE AGENT WHO IS AUTHORIZED TO ACT FOR THE PRINCIPAL OR REPRESENT THE PRINCIPAL IN DEALINGS WITH OTHERS.
  • 3. Principal The person for whom such act is done, or who is so represented. Agent a person employed to do any act for another or to represent another in dealings with thirds persons. 18 years old, sound mind Any person Including minor or unsound mind (not responsible for his act)
  • 4. CONTRACTS IN AGENCY • The principal • The agency Agency Contract • The principal • The 3rd party Law of Contract
  • 5. Creation of Agency Necessity Section 142 – In emergencysituation Great Northern Railway Co. v Swaffield Ratification Section 149 – Agent exceeded his authority Principal may ratify Or may disown the act Estoppel Section 190 – Principal is stopped from denying the agent’s authority Soanes v London and South Western Railway Co. Express Appointment Section 140 – Written or Oral Implied Appointment Section 140 – Circumstancesof the case
  • 6. AUTHORITIES OF AGENT Actual • Express by the principal • Implied by the principal Apparent or Ostensible • The law regards the agent have the authority
  • 7. DUTIES OF AGENT Obey the principal’s instruction Section 164 Turpin v Bilton Exercise care and diligence Section 165 Keppel v Weller Render proper account Section 166 Pay to his principal all sum received on his behalf Section 171 Communicate with principal Section 167 Act in the best interest of principal Section 164 Not let his personal interest conflicts with his duty Section 168 Not make any secret profit Section 168 Mahesan v Gov Officers Coop Society Not to disclose confidential information Not to delegate his duty Section 143
  • 8. DUTIES OF PRINCIPAL Duty to indemnity agent for lawful duties • Section 175 Duty to indemnify agent for acts done in good faith • Section 176 Duty to compensate agent for injury caused by principal’s neglect • Section 178
  • 9. TERMINATION OF AGENCY Section 154 Act of Parties Mutual Consent Unilateral Revocation by principal Renunciation by agent Operation of Law Performance of contract Expired of period of contract Death Subsequent insanity Bankruptcy Frustration Section 161: Only effective if the agent and the third party know about the termination