JSB171 Lecture Notes - Lecture 1: Isaac Isaacs, Fiduciary, Secret Profit

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Agency: draw a diagram, who is the principal, who is the agent, who is the 3rd party, make a note of who is trying to enforce against who. Is the 3rd party wanting to sue for the balance of the k price? i. If they fail, they will want to sue the agent for breach of warranty of authority. If there is some written agreement, the scope of the agent"s authority will be governed by a construction of the terms of that document. If the agency is created by a power of attorney, the deed will be strictly construed (robin v broadbent). If it is not a deed under seal, or is given orally, then a more liberal construction will be applied: aea can only be created by consent by the principal (garnac), apply. If not, principal will not be liable on the k: actual implied authority (aia) i.

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