The Unauthorised Agent: Comparative Law Evaluation

Danny Busch & Laura J. Macgregor (eds.), The Unauthorised Agent, Aspects of European and Comparative Law, Cambridge University Press 2009

64 Pages Posted: 9 Aug 2018

See all articles by Danny Busch

Danny Busch

Radboud University Nijmegen - Institute for Financial Law (IFR)

L. Macgregor

University of Edinburgh - School of Law

Date Written: July 20, 2009

Abstract

In this chapter we identify common approaches, or the ‘common core’ of the rules on unauthorised agency. In addition, we highlight the areas where the common core is deficient. To the extent that the common core is lacking, we suggest which approach is preferable. In II we devote some attention to the nature and general effect of unauthorised agency. Afterwards, we turn to the main exceptions to the general effect of unauthorised agency: apparent authority (III) and ratification (IV). In V a treatment of the liability of the falsus procurator is provided. VI contains a treatment of the interrelationship between apparent authority, ratification and the liability of the falsus procurator. VII and VIII each elaborate on special cases which can be associated with unauthorised agency, namely, acting in the name of a principal yet to be named and acting in the name of a company yet to be incorporated.

Suggested Citation

Busch, Danny and Macgregor, L., The Unauthorised Agent: Comparative Law Evaluation (July 20, 2009). Danny Busch & Laura J. Macgregor (eds.), The Unauthorised Agent, Aspects of European and Comparative Law, Cambridge University Press 2009, Available at SSRN: https://ssrn.com/abstract=3216956 or http://dx.doi.org/10.2139/ssrn.3216956

Danny Busch (Contact Author)

Radboud University Nijmegen - Institute for Financial Law (IFR) ( email )

Nijmegen
Netherlands

L. Macgregor

University of Edinburgh - School of Law ( email )

Old College
South Bridge
Edinburgh, EH8 9YL
United Kingdom

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
48
Abstract Views
313
PlumX Metrics