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LECTURE 5
Complete the overview of torts
Overview of the law relating to
agency
Third person
expressly
expressly
estoppel
expressly
estoppel
Operation
Of law
expressly
estoppel ratification
Operation
Of law
expressly implication
estoppel ratification
Operation
Of law
expressly implication
estoppel ratification
Operation
oral
Of law
expressly implication
estoppel ratification
Operation
oral
Of law
writing
expressly implication
estoppel ratification
Operation
oral deed
Of law
writing
agent
agent
Follow
instructions
Law for New Zealand Business session 4-agency 22
So you have an agency
arrangement- what are
the parties required to do?
agent
Follow
instructions
Law for New Zealand Business session 4-agency 23
So you have an agency
arrangement- what are
the parties required to do?
agent
Use diligence
Follow And skill
instructions
Law for New Zealand Business session 4-agency 24
So you have an agency
arrangement- what are
the parties required to do?
agent
Personal
action
Use diligence
Follow And skill
instructions
Law for New Zealand Business session 4-agency 25
So you have an agency
arrangement- what are
the parties required to do?
agent
Keep secrets
Personal
action
Use diligence
Follow And skill
instructions
Law for New Zealand Business session 4-agency 26
So you have an agency
arrangement- what are
the parties required to do?
agent
Keep accounts
Keep secrets
Personal
action
Use diligence
Follow And skill
instructions
Law for New Zealand Business session 4-agency 27
So you have an agency
arrangement- what are
the parties required to do?
Act in principal’s interests
agent
Keep accounts
Keep secrets
Personal
action
Use diligence
Follow And skill
instructions
Law for New Zealand Business session 4-agency 28
So you have an agency
arrangement- what are
the parties required to do?
Act in principal’s interests
agent principal
Keep accounts
Keep secrets
Personal
action
Use diligence
Follow And skill
instructions
Law for New Zealand Business session 4-agency 29
So you have an agency
arrangement- what are
the parties required to do?
Act in principal’s interests
agent principal
Keep accounts
Pay fees
Keep secrets
Personal
action
Use diligence
Follow And skill
instructions
Law for New Zealand Business session 4-agency 30
So you have an agency
arrangement- what are
the parties required to do?
Act in principal’s interests
agent principal
Keep accounts
Pay fees
Keep secrets
Personal
Indemnify
action
Use diligence
Follow And skill
instructions
Law for New Zealand Business session 4-agency 31
What happens if the agent
acts outside his or her
authority?
Action is unauthorised- breach of
warranty
Principal may elect not to be
bound
Agent may be personally liable
Agent can be sued by the third
party
Law for New Zealand Business session 4-agency 32
Also, what are the
consequences for the
relationship between the
principal and agent?
Relate to breach of contract- can
result in actions in:
Contract
Tort
I am an agent for A
= named principal
I am an agent for A
= named principal
Death or insanity