JSB171 Lecture Notes - Lecture 1: Apparent Authority, Isaac Isaacs, Secret Profit

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Is the 3rd party wanting to sue for the balance of the k price? i. If they fail, they will want to sue the agent for breach of warranty of authority. If there is some written agreement, the scope of the agent"s authority will be governed by a construction of the terms of that document. If the agency is created by a power of attorney, the deed will be strictly construed (robin v broadbent). If it is not a deed under seal, or is given orally, then a more liberal construction will be applied: aea can only be created by consent by the principal (garnac), apply. If not, principal will not be liable on the k. In the absence of any aea, an agency may arise on the basis of an implied agreement as to authority based on the parties" conduct (norwich).

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