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Clash between Contract Law and Agency Law

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Clash between Contract Law and Agency Law

  • This topic has 3 replies, 2 voices, and was last updated 13 years ago by MikeLittle.
Viewing 4 posts - 1 through 4 (of 4 total)
  • Author
    Posts
  • November 8, 2012 at 2:58 am #55107
    hamzaharoon
    Participant
    • Topics: 41
    • Replies: 120
    • ☆☆

    While I understood the Topic of agency law regarding implied and apparent authority of an agent as if the third party believes that a person say manager of some corporation is an agent to the company then any contract manager forms on behalf of principal would be a binding contract to the principal unless he would be directly communicated to the third party about the authority of an agent………if that is so then why it was not applied in the case of (Powell v Lee), The person who was a manager would be an agent as managers are directly responsible to report to their superiors (I think Its reasonable to take them as Principal) and that’s why Powell thought of a manager as an Authorised agent even he was not!

    Now can’t it be a binding contract between principal and Powell? or Powell may sue the manager for breach of authority?

    I am sorry If you think that its a silly question :S

    November 8, 2012 at 9:58 pm #106774
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23352
    • ☆☆☆☆☆

    Not a silly question at all

    When the interviewee was being interviewed, by a panel of governors, he must have realised that any decision was to be made by a majority vote of that panel. When “acceptance” was communicated to him he must have realised that the panel could not have reached a consensus about his application and thus he should have realised that “acceptance” was not by someone in authority – there had been not enough time for the interview panel to have discussed the merits of his application, particularly since there were still other applicants to be interviewed.

    November 9, 2012 at 2:47 pm #106775
    hamzaharoon
    Participant
    • Topics: 41
    • Replies: 120
    • ☆☆

    Thank you so much sir May God Bless you 🙂

    November 9, 2012 at 4:37 pm #106776
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23352
    • ☆☆☆☆☆

    You’re welcome and thank you for your good wishes.

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