BTC1110 Chapter Notes -Collen, Ateliers De Constructions Electriques De Charleroi, Apparent Authority
6 Jul 2013
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The primary function of an agent is to make contracts on behalf of the principal. If the party wishes to sue, they must sue the principal and not the agent: International harvester co of australia pty ltd v carrigan"s hazeldene pastoral co (1958) Is the agent" paid a commission: does the agent" have an obligation to account to the principal for sales, potter v customs and excise commissioners [1985] Most common function: to bring about a contractual relationship between the principal and a third party. Employer/employee: not all employees are agents because not all employees have the authority to affect their employer"s legal position with respect to 3rd parties. Independent contractor: may be an agent with wide authority, limited authority or not an agent at all: perpetual trustees vic ltd v ford [2008] Bailor/bailee: a bailee is a person who has lawful possession of the bailor"s goods. Partnership: each partner is an agent for each other partner.
