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
Date Written: July 20, 2009
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.
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