International Agency

[sibyn]

Wasssuuupp!!!

Every1 must be busy studying for the June Term, isn't it??? Can someone help me with the International Agency about the UN MOdel LAw on Agency??? I'm going Mr. Bogus and cookkoo!!! Can some one help me understand and stick it in my head!!!!

Thanx a lot if someone helps me

[segexvent]

not in my syllabus. sorry.

[sibyn]

Hey can u please help me authorities of Agency especially Implied and Ostensible/apparent Authority of Agent

[segexvent]

Hey can u please help me authorities of Agency especially Implied and Ostensible/apparent Authority of Agent

expressed = where actual authority is given, therefore, binds principal with 3party dealings eg appointed MD

implied =where 3party assumed that he has power bcos of the position occupied, also binds the principal eg exfacto MD

ostensible/apparent= where the principal is misrepresenting to the 3party that agent is acting on his behalf or
where the principal is aware and not 'stoping' the agent, acting on his behalf, he (principal) would be 'estopped' from disclaiming the agent


u can siite cases if you coul remember but i'll use examples e.g A appoints B..... sort off or straightfwd examples like exfacto Director. Examiner shld know Exfacto anyway except he asks me... chrs

[sibyn]

Woooow Now that has made almost crystallised but I'm not so acquainted witht the latin terms like in your Quote what is Exfacto??? How can we learn this Latin terms (i mean any shortcut for learning) and from where can we learn is there any index or appendix with meaning???

Yes I'm not so good with Cases!!!! Thanx for helping me!!!! One more thing is it really necessary to atleast mention the name of the case bcoz I don't even remember that!! Can we write answers without mentioning the name of the case and if possible as u said examples!!!!

For example Exceptions to Separate LEgal Entity - following are when Court will lift the veil:
a) to evade liabilities (there's case relating to this?? )
b)to evade nationality of the company (That some PResident of british Film something and all is there!!)
So can we just write the these points without Reference (means or quote eg. Solomon vs. soloman & Co. Ltd) to the points.

I'm very sorry disturbing you but I hate LAw to the core!!! I've no other choice but studying it!!!

[segexvent]

firstly i am not talking any magic by the term exfacto... it is in all books if you have read agency and companys' officers very well..

simply, it is the opposite of the shadow directors ie the directors/entity that control others entity without actually showing up with intention to avoid liabiliy. example i appoint you as the director of my company and without actually showing up, i dictate everything you do(in shadow). you know, like lifting the vail of incoporation and agency law, 3rd party could easilly sue me...

for the ex-facto, he is actually portraying himself as an exectv director (although he is one he directors without actual authority as MD/exec). this is also related to Agency by estopel. and by the vatue of company act 2006, probably sec.35 3parties has no course for worries in sueing the company...... as it is an internal matters mongst the directors

As i read from examiners report, sitting cases or section earns 1mark. if yr example is to the point you'll get yr mark....

I dont really like law myself but the eaziest way to understand law better is putting yrself in the senario of achieving that right(u'l be a director or own/work in a company one day) and be reading just past question and answears. GTG sells qustions bank on all subjects cheaplly. regards

[Suze]

expressed = where actual authority is given, therefore, binds principal with 3party dealings eg appointed MD

implied =where 3party assumed that he has power bcos of the position occupied, also binds the principal eg exfacto MD

ostensible/apparent= where the principal is misrepresenting to the 3party that agent is acting on his behalf or
where the principal is aware and not 'stoping' the agent, acting on his behalf, he (principal) would be 'estopped' from disclaiming the agent


u can siite cases if you coul remember but i'll use examples e.g A appoints B..... sort off or straightfwd examples like exfacto Director. Examiner shld know Exfacto anyway except he asks me... chrs



Hi there

your explanation is fantastic. Could not do it better myself. Thanks

[Ravinee B]

Thanks lots
Ravinee