The Unauthorised Agent: Perspectives from European and by Danny Busch, Laura J. Macgregor
By Danny Busch, Laura J. Macgregor
The point of interest of this publication, the felony scenario created whilst an agent acts with out authority, is among the most vital concerns in supplier legislation. The research is split into 3 sections: obvious authority, ratification and the legal responsibility of the falsus procurator. Adopting a special comparative point of view, the contributions are drawn from many various felony platforms, delivering the chance for research of the eu universal law/civil legislations divide. The research extends past Europe, despite the fact that, taking into consideration the combined criminal procedure of South Africa, in addition to the us. eventually, there's a valuable attention of the foundations of ecu agreement legislation and the UNIDROIT rules of overseas advertisement Contracts 2004. This examine might be a useful consultant for these drawn to the learn of comparative legislations, overseas practitioners and people drawn to the harmonisation of eu deepest legislations.
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Extra resources for The Unauthorised Agent: Perspectives from European and Comparative Law
Auto Protection Insurance Co. Ltd 1963 (1) SA 632 (A) Rosebank Television & Appliance Co. (Pty) Ltd v. Orbit Sales Corporation (Pty) Ltd 1969 (1) SA 300 (T) Royal British Bank v. Turquand (1856) 6 E & B 327; 119 ER 886. S v. Mokgheti en Andere 1990 (1) SA 32 (A) Saambou-Nasionale Bouvereniging v. Friedman 1979 (3) SA 978 (A) Sentraal Westelike Ko-operatiewe Mpy Bpk 1964 (2) SA 47 (T) Sentrale Kunsmis Korporasie (Edms) Bpk v. NKP Kunsmisverspreiders (Edms) Bpk 1970 (3) SA 367 (A) Sheik Abdool v.
12 Such are the needs of third parties and this is where 10 11 12 Interestingly, in both French and English law, the respective names of mandat apparent and ‘apparent authority’ have been criticised for similar reasons. In both countries, the criticism relates to the fact that the name implies a mandate when there is none. For French law, this view is supported by the fact that the effects of mandat apparent are those which relate to the representation only and not those involving the normal rights and obligations of the parties.
The way the cases are referenced indicates which chamber heard the case and the date of the hearing: Cass Civ 1ère (followed by the date) for the ﬁrst civil chamber; Cass Civ 2ème for the second civil chamber; Cass Civ 3ème for the third civil chamber; Cass Com for the commercial chamber, Cass Soc for the social chamber and Cass Crim for the criminal chamber. When a legal dispute raises more than one question of law, the matter is heard by several chambers of the Cour de Cassation, referred to as Chambres Mixtes.