《英美商法》双语国家级精品课程课件-第03章 Agency.pptVIP

Content 1. Agency law 2. Partnerships 3. Corporations and legal personality 4. Company formations 5. Constitution of a company Why there are many types of corporations? What is the reason that we study agent? chapter 3 Agency Learning Objectives: to explain what agency is, how agency relationship is established and authority and liability to others. Topic list (1) Define the role of the agent and give examples of such relationships paying particular regard to partners and company directors. (2) Explain how the agency relationship is established. (3) Define the authority of the agent. (4) Explain the potential liability of both principal and agent. Exam guide Requiring u to explain what agency is, how agency relationship is established and authority and liability to others. Your adult son went to the bank to withdraw your deposit, with your identity card, your credit card and your password, without your permission actually. The bank gave your money to him. Could u recover your money from the bank? A, an ex-sale manger was fired by B company and he regarded this fact to sign a contract with C, who didn’t know this fact. Need B be liable for this contract? Under the law of agency, if a person is injured in a traffic accident with a delivery truck, the truck drivers employer may be liable to the injured person even if the employer was not directly responsible for the accident. That is because the employer and the driver are in a relationship known as principal-agent, in which the driver, as the agent, is authorized to act on behalf of the employer, who is the principal. 1. Role of agency and agency relationships The law of agency allows one person to employ another to do her or his work, sell her or his goods, and acquire property on her or his behalf as if the employer were present and acting in person. The P may authorize the A to perform a variety of tasks or may restrict the A to specific functions, but regardless of the amount, or scope, of authority given