The Unauthorised Agent: Perspectives from European and Comparative Law

by Edited by Danny Busch , Laura J. Macgregor

• ISBN13: 9780521863889
• ISBN10: 0521863880
• Format: Hardcover
• Copyright: 2009-03-02
• Publisher: Cambridge University Press

Summary

The focus of this book, the legal situation created when an agent acts without authority, is one of the most important issues in agency law. The analysis is divided into three sections: apparent authority, ratification and the liability of the falsus procurator. Adopting a unique comparative perspective, the contributions are drawn from many different legal systems, providing the opportunity for analysis of the European common law/civil law divide. The analysis extends beyond Europe, however, taking into account the mixed legal system of South Africa, as well as the United States. Finally, there is a useful consideration of the Principles of European Contract Law and the UNIDROIT Principles of International Commercial Contracts 2004. This study will be an invaluable guide for those interested in the study of comparative law, international practitioners and those interested in the harmonisation of European Private Law.

Author Biography

Danny Busch is an attorney-at-law with De Brauw Blackstone Westbroek, Amsterdam, and a senior research fellow in the Business Law Research Centre, University of Nijmegen. Laura J. Macgregor is a senior lecturer and Director of the Edinburgh Centre for Commercial Law at the Law School, Edinburgh University.

Table of Contents

List of contributors	p. vii
Foreword	p. ix
Preface	p. xi
Abbreviations	p. xiii
Table of cases	p. xix
Introduction	p. 1
The civilian legal systems	p. 15
Unauthorised agency in French law	p. 17
Unauthorised agency in Belgian law	p. 61
Unauthorised agency in German law	p. 100
Unauthorised agency in Dutch law	p. 136
The common law	p. 183
Unauthorised agency in English law	p. 185
The Restatement (Third) of Agency and the unauthorised agent in US law	p. 219
Unauthorised agency, the American Restatements and other common law countries	p. 245
Mixed legal systems	p. 259
Unauthorised agency in Scots law	p. 261
Unauthorised agency in South African law	p. 300
International 'codes'	p. 339
Unauthorised agency in the Principles of European Contract Law	p. 341
Unauthorised agency in the Unidroit Principles of International Commercial Contracts 2004	p. 362
Conclusions	p. 383
Comparative law evaluation	p. 385
Comparative conclusions	p. 439
Bibliography	p. 449
Index	p. 465
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