Cases on the Law of Agency

Seavey, Warren A.; Steffen, Roscoe

doi:10.2307/1332013

Cited by 2 publications

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“…If, for example, a car owner (principal) requests to drive his car from London to Edinburgh, his driver (agent) is likely to have an implied right to purchase fuel, and thus the principal will be obliged to pay the fuel seller (third party) (Elliott & Quinn, 2005). And it will only very rarely be considered that the agent does not have any implied authority, for example, in cases where the principal defines the rights of the agent in great detail (Seavey, 1964).…”

Section: The Concept Of Apparent Authority and Implied Authoritymentioning

confidence: 99%

Interaction Between Apparent and Implied Authority in the Implementation of Sustainable Business Relatiohsips

Jurkevičius

Bublienė

2021

International Scientific Conference „Contemporary Issues in Business, Management and Economics Engineering"

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Purpose – to reveal the problems of apparent and implied authority in the context of sustainable business relationships. Research methodology – the research is conducted from a comparative perspective, explaining the problems of apparent and implied authority in selected jurisdictions. Findings – authors conclude that apparent authority is the exclusive remedy available only where a link has been established between the circumstances of the principal and the reasonable belief of the third party. Implied authority cannot be equated with apparent authority, although case law often does not distinguish between these two categories. Research limitations – due to limited scope, this article does not address the ratification of unauthorised agent’s actions and the liability of falsus procurator. Practical implications – the research reveals that implied authority derives from the factual circumstances in which the agent acts and must be regarded as part of the actual authority, which presupposes that, unlike in the case of apparent authority, the implied representation does not qualify as one of the cases of unauthorised agency. Originality/Value – the significance of this study is linked to the development of reasonable rules for the application of apparent and implied authority in order to safeguard the legitimate interests of all persons involved in this complex relationship.

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Section: The Concept Of Apparent Authority and Implied Authoritymentioning

confidence: 99%

Interaction Between Apparent and Implied Authority in the Implementation of Sustainable Business Relatiohsips

Jurkevičius

Bublienė

2021

International Scientific Conference „Contemporary Issues in Business, Management and Economics Engineering"

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“…Warren Seavey, Reporter for the Restatement (Second) of Agency, has observed, "The duties of loyalty are substantially the same for all fiduciaries, varying only in intensity." 355 Commentators have from time to time attempted to reconcile the relative strictness of fiduciary obligation in various settings, but only modest efforts have been made to catalogue fiduciary relationships along these lines. 356 Still, the general intuition seems to be that fiduciary duties become more intense as the fiduciary's power grows.…”

Section: Fiduciary Dutymentioning

confidence: 99%

The Critical Resource Theory of Fiduciary Duty

Smith

2002

SSRN Journal

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Jludges conform to the doctrine of stare decisis because the principle of precedent is deeply' ingrained in our Anglo-American legal culture.... They accept the principle that treating like cases alike is an important element of legal justice and necessary to the functioning of the legal system."); Robin West, Integrity and Universality: A Comment on Ronald Dworkin's Freedom's Law, 65 FORDHAM L. REV. 1313, 1317-18 (1997) ("Cases of legal injustice-of the system's refusal or inability to render decisions that effectively treat like cases alike-are so offensive, I believe, because they fly in the face of our experiential sense that all of us, as human beings, share a common, universal nature."). 10. The most commonly cited definition of opportunism is Oliver Williamson's: Opportunism is "self-interest seeking with guile." OLIVER E. WILLIAMSON, THE ECONOMIC INSTITUTIONS OF CAPITALISM 47 (1985) [hereinafter WILLIAMSON, ECONOMIC INSTITUTIONS]. This definition is often criticized for being too narrow. See, e.g., George M. Cohen, The Negligence-Opportunism Tradeoff in Contract Law, 20 HOFSTRA L. REV. 941, 957 (1992) (defining opportunism as "any contractual conduct by one party contrary to the other party's reasonable expectations based on the parties' agreement, contractual norms, or conventional morality"). Kenneth Davis offers the following definition of opportunism in the fiduciary context: "Opportunism reflects the fiduciary's departure from the pattern of conduct she would engage in were she alone to bear the full costs and enjoy the full benefits of her actions.

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Cases on the Law of Agency

Cited by 2 publications

References 0 publications

Interaction Between Apparent and Implied Authority in the Implementation of Sustainable Business Relatiohsips

Interaction Between Apparent and Implied Authority in the Implementation of Sustainable Business Relatiohsips

The Critical Resource Theory of Fiduciary Duty

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