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law to Information Agency

law to Information Agency

Agency Law is the field of trade legislation to address a wide range of relationships and participation of quasi-contract and tort a person, called the fiduciary and contractual agent and is authorized to act on behalf of another person (the Director) to create legal relations with third parties. In summary, it can be referred to as the asymmetrical relationship between the principal and the agent that the principal, explicitly or implicitly agent, authorized to work under its supervision or control, and on behalf of him or her. Agent, and therefore required to negotiate on behalf of the client or him or her, and third parties bring in a contractual relationship. This branch of law separates and regulates relations between:


Officers and directors (internal relationship), known as the principal agent relationship.


Agents and third parties who deal with them on behalf of their superiors "(Foreign Affairs); and


And thirdly when it comes to managers agents.


In 1986, 86/653 / EEC of the European Communities issued a Directive on self-employed commercial agents. In the UK, it has been incorporated into national legislation in the list of commercial agents in 1993.


In India, Section 182 of the Contract Law in 1872 and knows the agent as "a person who works to do any work for another or to represent another in the treatment of a third person."


the rights and mutual obligations between the principal and the agent reflect the commercial and legal facts. And the employer often depends on the employee or any other person to do business. In the case of a company, as the company it is a legal entity and a fake, which can only act through human agents. You must master an agreement before the agent contract, as long as the agent is within the scope of the agency.


Any third party can rely in good faith on the representation by a person who identified himself as an agent for another. It is not always profitable to check if a person is represented by the presence of the authority to act for another have this power. If subsequently the alleged client was acting without the necessary skills, and usually takes place and the complaint.


wide universal powers to act on behalf of the principal, for example, the clamping force of attorney (also known as the state of civil law jurisdictions), or have a professional relationship, he says, and attorney and client agents.


The agents conducted a public authority is limited to a series of transactions during the continuous period of time; Y


agents authorized by exceptional conduct, whether only one transaction or a series of specific transactions for a limited period of time.


Worker working in the field of the authorization granted by the director of the connection key commitments he or she creates against third parties. There are basically three types of authority recognized in law: the actual authority (either express or implied), clear authority and the certifying authority.


The actual power can be of two types. He has expressly granted to the principal agent, the school authority or it may mean power. Body established under an agreement of mutual agreement, and if it is not a question of fact. Agent, generally only entitled to compensation from school if they had acted within the scope of its effective authority, and could be in violation of the contract, and prone to a third party for breach of implied warranty of authority. In tort, and claims that it does not return what the agent did not act in the workplace.


implied actual authority, also called "The force of habit," is the power of the agent and the virtue of being reasonably necessary to implement explicit authority. As such, it can be concluded that under the position taken by the agent. For example, the partners have undertaken with other partners in power, the responsibility of the company, and they are jointly and severally, Inc., and all executive and senior officials with decision-making power under their status and authority binding the company.


clear authority (also called "alleged Authority") is where the keywords or behavior that causes a reasonable person in the position of the third to believe that the agent was authorized to work, but said the principal and the agent did not analyze that relationship. For example, when a person takes the name of the person working, leading to powers such as the International Atomic Energy Agency, which has the right to appoint those who can assume there is a clear authority to do the things you normally trust in a position occupied. If the director creates the impression that authorized the agent, but there's no real authority, and the protection of third parties, provided they have acted reasonably. This is what is sometimes called "the agency by estoppel" or "the doctrine of perseverance," which will be discarded by the main right to reject the authority to grant third parties if their attitudes have changed in their favor to rely on applications.


Rama V company showed tin and investments Public Co., Ltd. 1952 2 QB 147, Slade J "alleged or apparent authority ... is only one way to forms of disability, in fact, describes the agency by estoppel and not you can call in aid to ban only if you have three elements: "(a) representation, (b) are based on the representation, and (c) to change the situation resulting from its dependence.


Freeman and Lockyer v Buckhurst Park properties (machete) Ltd 1964 2 QB 480


Egyptian International Company Sylvia or commercial against Soplex supplies wholesale Limited Limited Refson PS 19 852 36 Czech Republic Lloyds.


In the case of Ato against Fenwick, home of Queen Lord Coleridge CJ he agreed with the view that the commandments J that a third party can be considered personally responsible, said he knew when he sold cigarettes to the worker, who was outside his authority J Wills said "responsible for all acts that fall within the authority usually agent agent of this nature coach, despite the limitations was based, and between the principal and the agent put on that power." This decision harsh criticism and doubt, but not exactly specified set aside in the UK. Sometimes it referred to as "force of habit" (but not in the sense used by Lord Denning MR in Hely- Hutchinson, where it is synonymous with "implied actual authority"). This has been explained as a form of clear authority, or the "inherent strength Agency."


ex officio authority to deter occupied by:


Fraud and other damage that can infect people who deal with agents, and is not inherent in the strength of the agency, which is power derived only under the concept of agency relationship.


For example, the partners have the clear authority to bind the other partners of the company, and responsibility is jointly and severally (see below), Inc., and all officers and senior executives with authority for decision making the specified position is under the clear authority to bind the company.


Even if the worker does not work without the permission of the Director may approve the deal, accepting responsibility for the operation to be negotiated. This may be expressed or implied from the behavior of the principal, for example, if the worker has claimed to work in a number of cases, and the director leaned aware of, and lack of notification to all parties concerned not the agent authority exists an implicit support for such transactions, and the granting of the implicit authority for future operations of a similar nature.


internal relationship of the agreement and the agency has been resolved. Under Articles 201-210 of contract law of India in 1872, it has come to an end and the agency in a variety of ways:


The withdrawal of an agent - but you can not cancel the start of the agency along with charges of violation of these benefits. For the benefit of the agency together when the same agent with an interest in the subject of the agency, for example, receives the goods from the constituent within the country by the commission for the sale, with the poor of the same in the amount of sales compensation and progress made between him and the director against the security of cargo. In this case, the coach can not cancel the goods and the agent sell very satisfied with religion until the authority, nor the body ends in death or insanity (LQ 201 illustrations);


By Agent renounce acts of organs.


By the agency to meet its contractual obligations.


Instead, you can leave the agency law enforcement:


The death of either party.


Crazy either party.


From bankruptcy (insolvency) of any party.


Director also can not cancel after the agent has exercised an authority, in part, especially to link (s 204), although they can always do so, before the exercise of this power-up (s 203). Moreover, the picture frame. 205, and if the body for a certain period, and the principal can not leave the agency before the end of this period, except for cause. Doing so is sufficient to compensate the agent for the loss suffered by now. The same rules to the agent and agency abandoned for a certain period apply. We note in this regard that the lack of skill, holding constant disobedience to lawful orders, rude and insulting behavior or sufficient evidence to reject an agent. Moreover, we must provide reasonable notice from one party to another. Otherwise, the damage caused by the absence of such notification, and must be paid (AC 206). Under the image. 207, which it may be canceled or abandoned and the agency explicitly or implicitly in behavior. The end does not come into force with the agent so that regard is well known, and about a third, even knows the end (AC 208).


When power is terminated as an agent, which acts as a sub-agent also ends (AC 210).