- This topic has 5 replies, 2 voices, and was last updated 3 years ago by
.
-
Posts
-
Notes:
“this situation arises for example when an entity allows the agent to act as though they have authority even though such authority does not in fact exist.”Can you explain me this sentence of notes? I am unable to get it after reading various times. An example will be appreciated. Thank you.
Hi
I have no agents working on my behalf. I never have had. Nor do I ever intend to have agents working on my behalf
But, it has recently come to my attention that John Moffat has been selling copies of my copyrighted law notes to people that are asking for copies. I’m not too happy about this even though it means that my notes are reaching a wider audience, but I choose to take no action
Sometime in the future, if John arranges for a contract apparently on my behalf for me to rewrite the complete set of notes. I now turn round to that person and say ‘John is not my agent, never has been and never will be’
But the person alleges that, in fact, John IS my agent averring that, in the past, I have allowed John to continue to act as my agent even though he has never been either formally or informally appointed
Am I able to defeat the agency claim?
No … because I have tacitly allowed John (with my knowledge) to continue to act as an unofficial and unappointed agent in the past
OK?
I am clear. Thank you.
But I must say that this example was breath taking. I took it for real.
- You must be logged in to reply to this topic.