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LAW OF CONTRACT(AGENCY) ((Agreement by both parties, No consideration is…
LAW OF CONTRACT(AGENCY)
AGENCY
Contractual relationship(agent - principal)
Agent authorized to act on behalf
contract for principal
Sound mind
Section 136
Age of majority
Agreement by both parties
No consideration is necessary
Section 138
No specicfic formality
BY NECESSITY
When wife is deserted and no support
To protect principal properties
Must be real and actual emergency
Agent was entrusted
Impossible to get instruction from princinpal
has acted in good faith
Great Northen Railway v Swaffield
CREATION OF AGENCY
BY RATIFICATION
Acceptance by a principal
Agent exceeding the authoriy
Person has no authority to act for the principal
Principal can reject or accept
If accept,means that he ratifies
Reject-no agency relationship
Section 150 ratification may be express or implied
Bolton and partner V Lambert
IMPLIED APPOINTMENT
Section 140
Implied from the circumstances of the case
Husband impliedly principal
wife impliedly agent to husband
Wife has authority to make contract(husband name)
Husband is binding by contract
for necessaries only
if not necessaries(husband not liable)
Section 7 partnership act 1961
Each partner is an agent to the firm
Each partner has authority to act on behalf of other partner
Other partners impliedly principal
The whole partner liable upon the contract
Chan Yin Tee v William Jack
BY EXPRESS APPOINTMENT
principal appoint agent expressly
Verbally or written
Section 140
PRINCIPAL
Minor&unsound mind not responsible for act
Principal must responsible for minor
Any person may become agent
Chan Ying Tee v William Jack
Section 137
IMPLIED APPOINTMENT
CAPACITY
AGENT
IMPLIED FROM RELATIONSHIP(HUSBAND &WIFE)
IMPLIED BY PARTNERSHIP ACT 1961
BY ESTOPPEL