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Template for Agency

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Leading Principle: As established in the decision of Hely-Hutchinson v Brayhead Ltd (1968), authority can arise in one of 2 ways; actual authority or ostensible/apparent authority. Either (1) or (2) (1) Is it Actual authority? Actual authority is a question of fact as per the decision of Freeman & Lockyer v Buckhurst Park Properties (Mangal) Ltd [1964] and can either be implied or express. (a) If Express Actual Authority (Eg: Contract stating employees role): Analysis of the facts indicate that express authority is evident as there has been a oral/written grant of authority by ________ and acceptance of this authority by ________ in accordance with Equitcorp Finance Ltd (in liq) v Bank of New Zealand (1933).

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3 Pages Partial Study Notes > 2 Years old
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Template for Agency
Topics this document covers:
Law Business law Agency law Private law Law of agency Principal Apparent authority Hely-Hutchinson v Brayhead Ltd Agency in English law Kelner v Baxter Contract South African law of agency
This is a Partial Set of Study Notes

Partial Study Notes typically cover only single topics of a unit of study or do not cover multiple topics in significant detail. They are generally less than 20 pages in length.

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Topics this document covers:
Law Business law Agency law Private law Law of agency Principal Apparent authority Hely-Hutchinson v Brayhead Ltd Agency in English law Kelner v Baxter Contract South African law of agency
Sample Text:
Either (1) or (2) (1) Is it Actual authority Actual authority is a question of fact as per the decision of Freeman & Lockyer v Buckhurst Park Properties (Mangal) Ltd [1964] and can either be implied or express. (a) If Express Actual Authority (Eg: Contract stating employees role): Analysis of the facts indicate that express authority is evident as there has been a oral/written grant of authority by ________ and acceptance of this authority by ________ in accordance with Equitcorp Finance Ltd (in liq) v Bank of New Zealand (1933). Additionally, consent between the principal and agent is mandatory when establishing a relationship of agency as per Garnac Grain Co Inc v HMF Faure & Fairclough Ltd [1968]. (b) If Implied Actual Authority: To establish Implied Actu...
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