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Termination of Agency (operation of law (mental incapacity (irrespective…

- - - - Gaussen v Morton
      - Read v Anderson - during agency agent becomes liable to 3p and P to indemnify - not revoke without consent
    - - interest independent of agency
- - - - would not effect agency
  - - - damages for commission lost
        
        restitution for work in case of gratuitous agency - no damages
    - - apparent authority may still exist and 3p not notified of termination
        
        Trueman v Loder
      - on death of P - apparent and actual terminate
        
        irrespective of notice to agent
      - mental incapacitation of P -
        
        termination of actual authority irrespective of notice to agent
        
        apparent authority may continue
    - - on notice to 3p
    - - terms ancillary to subject matter of the contract may survive post-termination
    - - limited case - post-termination rights can also be enforced
    - - damages
        
        compensation
        
        termination = deprive agent of commission which proper performance of agency contract would have procured for him whilst providing P with substantial benefits linked to activities of commercial agent
        
        unable to amortize costs and expenses incurred in the performance of the agency contract on advice of P
      - indemnity
        
        not available where P goes out of business
        
        available if P derived or continues to derive benefit from increased business or customers brought by agent
        
        not prevent seeking damages
        
        right lost if
        
        P not notified of pursue his entitlement within one year of termination
        
        act attributable to agent - justified basis termination
        
        termination by agent
        
        unless done so due to infirmity or illness, age = cannot reasonably be required to continue activities
        
        assignment of rights and duties under agency contract to another agent with consent of P
- - - - only in case of repudiatory breach