Agency SULI - now published

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THE LAW OF AGENCY IN SCOTLAND laura j. macgregor Now Published – buy your copy today Publishing June 2013 Published under the auspices of the Scottish Universities Law Institute

W. GREEN

W. Green and SULI present this essential new book on the law of Agency; a highly practical title providing key guidance into the issues currently facing all agents, including Scottish solicitors.

This is the first text to tackle the law of Agency in Scotland in such a comprehensive fashion. It fully covers all different perspectives of Agency using an innovative structure, engaging with not only the agent’s power of representation but also the nature of the relationship between principal and agent. The subject is placed within the wider theoretical debate on agency taking place globally, providing a greater understanding and level of confidence for those working in this area of the law.

Our expert author delivers the first thorough analysis of the Scottish case law on the Commercial Agents (Council Directive) Regulations 1993, a highly controversial piece of legislation which has raised much discussion over the ideas of compensation and indemnity payable on termination of a contract. Relevant case law is also discussed on important subjects such as solicitor’s warranty of authority, including: • Cheshire Mortgage Corporation Limited V Grandison • Blemain Finance Limited V Balfour & Manson LLP Although an in-depth treatment of the subject, this text is designed to offer practical advice to solicitors who need answers quickly on complex issues such as delictual liability to third parties and fiduciary obligations towards the principal. This is what ensures this text will be trusted and relied upon daily in the workplace, building an overall knowledge of the subject while also allowing you to navigate easily to the solutions you need.

CONTENTS INCLUDE: Part 1: Introductory 1. Introduction 2. Nature and legal basis of agency 3. Constitution and contractual capacity 4. Historical development of agency and mandate Part 2: The Internal Perspective of agency 5. The agent’s authority 6. The agent’s fiduciary duties 7. The agent’s other duties 8. The agent’s rights 9. The Commercial Agents (Council Directive) regulations 1993 10. Termination of the agency relationship Part 3: The external Perspective of agency 11. Agent acting without authority 12. Creation of rights and duties between principal and third parties 13. Delictual liability to third parties

The Commercial Agents (Council Directive) regulations 1993 As with every new SULI publication, The Law of Agency has gone through a unique vetting process to ensure the utmost quality. The SULI council consists of a team of highly qualified experts who strive to ensure each and every publication is of the highest possible standard.

The SULI series is the only collection of books to have representation from: •

The Law Society of Scotland

•

The Faculty of Advocates

•

The Scottish Government

•

Every Scottish University

laura j. macgregor is a Senior Lecturer in Commercial Law at the University of Edinburgh.

14. The agent’s liability to third parties

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