آخر تحديث - 9 سبتمبر 2021
An agency can be created in several different ways, such as establishing a contract, and the agency contract can be explicit or implicit depending on the circumstances. An explicit or tacit agreement may constitute an agency contract without consideration. It also means that an agent`s authority can be expressed explicitly or implicitly. Explicit authority shall be given where the procuring entity makes an oral or written communication as to the nature of the authority. The extent of an agent`s explicit power is based on the proper design of the terms of the contract. Therefore, the instructions of the procuring entity cannot be ambiguous, since the procuring entity is subject to the conditions if the holder has clearly interpreted the instructions in a way that is not envisaged by the procuring entity. For example, in Ireland, against Livingston, the instructing party`s instructions were uncertain and can be interpreted in several possible ways. However, implied authority arises when it is derived from the conduct of the parties and the circumstances of the case. In addition, the agent was responsible in Bostock v. Jardine because he bought more than he had been ordered. It is therefore important for Ian to follow Exactly Sarah`s instructions in managing the art gallery, which he must inform and obtain Sarah`s permission if he wishes to carry out commercial transactions with the sale of works of art or the purchase of objects for the art gallery.
It is also important for the agent to contact his sponsor in order to seek appropriate instructions with all reasonable methods. communicate with the contracting entity, including the transmission and information of all information relevant to the Agency. Even in cases of urgency, officials are required to ask the instructing party before taking decisions without the contracting authority`s knowledge. In Springer vs. Great Western Railway Company, the agent was liable for the damage because he did not attempt to contact his sponsor and sold the tomatoes. In Sarah`s case, Ian had to contact her before buying or selling an item for the art gallery according to her instructions. As part of liability, an agent must provide appropriate accounts when the procuring entity needs them. In addition, agents are not allowed to accept secret profits or accept bribes under any circumstances. In the Graham vs.
Cummings case in 1904, the shareholder secretly negotiated to obtain a higher amount for his shares than other shareholders. The court ruled that an agent could not make secret profits in an economic agency without the agreement of the client. Agencies can be classified into different types. Agents working in certain transactions are appointed according to the powers granted, for example.B. universal agent, general agent and special agent. Some of these agents have appointed or categorized according to their assigned duties as Del Credere Agent, broker and auctioneer. Normally, where contracting entities and representatives draw up an agency contract, both explicitly and implicitly, obligations and rights defined in one of the conditions set out in the agency contract. However, there are contracts concerning agencies that do not share rights and obligations between them. In the absence of these elements in the agency contract, the obligations and rights of the agent towards the client and vice versa may be referred to Article 164-178 of the Contracts Act. It is therefore Ian`s duty to manage the art gallery with care and good faith according to Sarah`s instructions and for Sarah`s sake, without making unnecessary mistakes in order to avoid any breach of fiduciary duty.
Secondly, each agent owes the client the duty of due diligence when the agent must take appropriate measures to protect the property and interests of the contracting authority. .