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Lernmaterialien für summary agency an der Kingston University

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TESTE DEIN WISSEN
Spearmint rhino ventures v revenue and customs commissioners 
Spearmint rhino v revenue 
Lösung anzeigen
TESTE DEIN WISSEN
Case involved a arrangement between lap dances and a gentleman’s club where they worked. HMRC said the lap dancers income should be taxed 
Lap dances said they were agents 

Court rules that the Lap dancers were principles in the arrangement since they did the negotiations with customers.
They were liable 
Lösung ausblenden
TESTE DEIN WISSEN
Authority of agents 
Apparent or ostensible authority 
Case: hely Hutchinson v brayhead ltd
Lösung anzeigen
TESTE DEIN WISSEN
An agency agreement can be entered into without this being the intention of the principle 
Decisions taken by an agent may be binding on the principle 
-without having received form instruction 
Lösung ausblenden
TESTE DEIN WISSEN
Springer v great western railway co 
Lösung anzeigen
TESTE DEIN WISSEN
Defendant company was under contract to transport tomatoes belonging to the claimant.
strike at dockyards made delivery impossible 
defendant sold the tomatoes because they started to perish 
claimant sued defendant 
-defendant claimed relationship of agency had arisen due to the emergency 

held-
-no relationship of agency because defendant was able to contact claimant but didn’t 
-events werent urgent enough to make communication impossible 
Lösung ausblenden
TESTE DEIN WISSEN
Boston deep sea fishing and ice co v Farnham 
Lösung anzeigen
TESTE DEIN WISSEN

if the principle could not have performed the contract at the time of the agents actions then they have no right to profit from the delay 


in ratifying the agents actions 
Lösung ausblenden
TESTE DEIN WISSEN
Watteau v Fenwick 
Lösung anzeigen
TESTE DEIN WISSEN
Fenwick was the owner of a pub 
the manager mr humble was held out to be the owner his name appeared on pubs signage and on the license 
the manager was given strict instructions by the owner not to enter contracts for certain items unless they were supplied by the owner
manager breached this and bought cigarettes from mr Watteau 
mr Watteau believed mr humbled to be the owner 
the contract bound the owner despite of the restriction he placed on mr humble
mr Watteau reasonably believed that mr humble had authority to enter into the contract 
Lösung ausblenden
TESTE DEIN WISSEN
first energy v Hungarian international bank 
Lösung anzeigen
TESTE DEIN WISSEN
Claimant had applied for credit at the defendant bank.
the claimants were told that he could not authorise their application for credit 
he later said that he had discussed it at the senior office and it had been approved 
the bank claimed that the agreement for credit was void because the staff did not have authority to offer credit to claimants 
held - contract was binding on bank. Claimants were aware that staff could not Offer them credit however reasonably believed they had the authority to communicate with senior office and act with Their instructions 
Lösung ausblenden
TESTE DEIN WISSEN
Luxor v cooper 
Lösung anzeigen
TESTE DEIN WISSEN
Agency agreement concerning sale of two cinemas
agent was to be paid a commission on the sale of cinemas provided they found suitable buyers
agent succeeded in finding suitable buyers but principle did not complete the sales
agent Brought action against the principle for breach of contract holding that there was an implied term that the principle Would carry out the sale
held- no such implied term, agent was to be paid on completion of sale , agent was not entitled to be compensated when sale didn’t complete 
also held - there is a risk when acting as an agent that potential sales may fall through and Commission will not be paid 
Lösung ausblenden
TESTE DEIN WISSEN
Ficudiary duties cases
armstrong v Jackson 

hippisley v knee brothers 

gray v haig
Lösung anzeigen
TESTE DEIN WISSEN
Duty not to act where is a conflict of interest between the principle and the agent : Armstrong v Jackson 

duty not make any secret profit from their fiduciary position : hippisley v knee brothers 

and to account for profits : gray v haig
Lösung ausblenden
TESTE DEIN WISSEN
Ficudary duties
duties of an agent case
bolkiah v kpmg
Lösung anzeigen
TESTE DEIN WISSEN
Duty of confidentiality with regard to information to the princole given to them as a result of their fiduciary position 
Lösung ausblenden
TESTE DEIN WISSEN
bolam v friern hospital management commitee
Lösung anzeigen
TESTE DEIN WISSEN
If the agent fails to carry out their contractual duties to this standard the principle may sue the agent for breach of the implied term
Lösung ausblenden
TESTE DEIN WISSEN
Waugh v Clifford and sons 
Lösung anzeigen
TESTE DEIN WISSEN
A firm of solicitors were instructed by a firm of builders to act for them in a professional negligence claim 
The solicitors were told expressly not to enter any compromise agreements with the claimants 
solicitors entered a compromise agreements regardless 

held - solicitors were in breach of there contractual duties as agents  by ignoring the builders instructions 
Lösung ausblenden
TESTE DEIN WISSEN
Godfrey v Bertram Armstrong 
Lösung anzeigen
TESTE DEIN WISSEN
Stockbroker was instructed by his client to sell certain shares 
broker was convinced that the price of the shares would rise and did not sell them with view of making more profit for the Client
stocks Fell and client suffered a loss
broker was in breach of his contractual duty to follow principles express instructions and had to pay damages to him
Lösung ausblenden
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Q:
Spearmint rhino ventures v revenue and customs commissioners 
Spearmint rhino v revenue 
A:
Case involved a arrangement between lap dances and a gentleman’s club where they worked. HMRC said the lap dancers income should be taxed 
Lap dances said they were agents 

Court rules that the Lap dancers were principles in the arrangement since they did the negotiations with customers.
They were liable 
Q:
Authority of agents 
Apparent or ostensible authority 
Case: hely Hutchinson v brayhead ltd
A:
An agency agreement can be entered into without this being the intention of the principle 
Decisions taken by an agent may be binding on the principle 
-without having received form instruction 
Q:
Springer v great western railway co 
A:
Defendant company was under contract to transport tomatoes belonging to the claimant.
strike at dockyards made delivery impossible 
defendant sold the tomatoes because they started to perish 
claimant sued defendant 
-defendant claimed relationship of agency had arisen due to the emergency 

held-
-no relationship of agency because defendant was able to contact claimant but didn’t 
-events werent urgent enough to make communication impossible 
Q:
Boston deep sea fishing and ice co v Farnham 
A:

if the principle could not have performed the contract at the time of the agents actions then they have no right to profit from the delay 


in ratifying the agents actions 
Q:
Watteau v Fenwick 
A:
Fenwick was the owner of a pub 
the manager mr humble was held out to be the owner his name appeared on pubs signage and on the license 
the manager was given strict instructions by the owner not to enter contracts for certain items unless they were supplied by the owner
manager breached this and bought cigarettes from mr Watteau 
mr Watteau believed mr humbled to be the owner 
the contract bound the owner despite of the restriction he placed on mr humble
mr Watteau reasonably believed that mr humble had authority to enter into the contract 
Mehr Karteikarten anzeigen
Q:
first energy v Hungarian international bank 
A:
Claimant had applied for credit at the defendant bank.
the claimants were told that he could not authorise their application for credit 
he later said that he had discussed it at the senior office and it had been approved 
the bank claimed that the agreement for credit was void because the staff did not have authority to offer credit to claimants 
held - contract was binding on bank. Claimants were aware that staff could not Offer them credit however reasonably believed they had the authority to communicate with senior office and act with Their instructions 
Q:
Luxor v cooper 
A:
Agency agreement concerning sale of two cinemas
agent was to be paid a commission on the sale of cinemas provided they found suitable buyers
agent succeeded in finding suitable buyers but principle did not complete the sales
agent Brought action against the principle for breach of contract holding that there was an implied term that the principle Would carry out the sale
held- no such implied term, agent was to be paid on completion of sale , agent was not entitled to be compensated when sale didn’t complete 
also held - there is a risk when acting as an agent that potential sales may fall through and Commission will not be paid 
Q:
Ficudiary duties cases
armstrong v Jackson 

hippisley v knee brothers 

gray v haig
A:
Duty not to act where is a conflict of interest between the principle and the agent : Armstrong v Jackson 

duty not make any secret profit from their fiduciary position : hippisley v knee brothers 

and to account for profits : gray v haig
Q:
Ficudary duties
duties of an agent case
bolkiah v kpmg
A:
Duty of confidentiality with regard to information to the princole given to them as a result of their fiduciary position 
Q:
bolam v friern hospital management commitee
A:
If the agent fails to carry out their contractual duties to this standard the principle may sue the agent for breach of the implied term
Q:
Waugh v Clifford and sons 
A:
A firm of solicitors were instructed by a firm of builders to act for them in a professional negligence claim 
The solicitors were told expressly not to enter any compromise agreements with the claimants 
solicitors entered a compromise agreements regardless 

held - solicitors were in breach of there contractual duties as agents  by ignoring the builders instructions 
Q:
Godfrey v Bertram Armstrong 
A:
Stockbroker was instructed by his client to sell certain shares 
broker was convinced that the price of the shares would rise and did not sell them with view of making more profit for the Client
stocks Fell and client suffered a loss
broker was in breach of his contractual duty to follow principles express instructions and had to pay damages to him
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