AGENCY CASES (COMMERCIAL LAW JUDGMENTS) – 3
POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
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TITLE |
MAIN ISSUES |
| AGENCY:- Agent pawning off principal’s goods without authority – Legal practitioner – Whether a solicitor can validly pledge a client’s document that came into his possession during the course of his professional duties in such a way as to bind the client without the client’s authority and concurrence – Validity and bindingness of contract of pawn on principal – Whether principal can assert a claim in detinue against both agent and pawnee third party | |
| LLOYD (PAUPER) V. GRACE, SMITH AND CO. |
AGENCY:- Principal and Agent – Authority – Liability of Principal for Fraud of Agent |
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LUXOR (EASTBOURNE), LIMITED, AND OTHERS V. COOPER |
AGENCY: Principal and agent – Agent to receive commission if he effects sale – Right of principal to sell |
| MORRIS V. KANSSEN AND OTHERS |
AGENCY:- Maxims – omnia praesumuntur rite esse acta – Doctrine of ostensible authority – Limits – Whether an ostensible agent cannot bind his principal to that which the principal cannot lawfully do |
| AGENCY – AUCTIONEER:- Role as agent – Powers – Need to act within scope of powers given by principal – Publishing advertisement for sale relating to a property other than that auctioneer was instructed to sell – Whether makes auctioneer liable for defamation arising therefrom – Where acts are unauthorised but done in the course of employment which is authorised – Liability of principal/master
AGENCY:- Liability of agent – Discretion of agent – Act done in the course of employment which is authorised – How proved |
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| NDIONG V. C F A O |
AGENCY:- Agricultural Buying Agent/Beachmaster – Claim for money due for the value of palm oil received or which should have been received by the beachmaster as buying agent for the use of the Respondent – Where not delivered or accounted for by the Appellant – How proved – Appropriate reliefs |
| AGENCY: When relationship of principal and agent arises – Whether an agent acting on behalf of a known and disclosed principal incurs personal liability – Local Purchase Orders – Whether can create a jural relationship – When an agent is considered to have exited a transaction chain in favour of the principal acting directly | |
| TRIANA LIMITED V. POLYMAKERS LIMITED |
AGENCY – Clearing agent – failure to ensure correct number of goods as set out in the shipping documents – Whether clearing agent is liable in negligence for short delivery of goods AGENCY :– General authority of agents – Agent’s duty to act in accordance with the customs and usages of their trade – Liability in negligence for failure thereto – Relevant considerations |
| AGENCY – POWER OF ATTORNEY:- When not under seal – Validity thereof | |
| UNITED BANK FOR AFRICA PLC V. JARGABA |
AGENCY:- Act of agent – Bindingness of on principal – Action taken by branch manager of bank – Whether binding on bank AGENCY – OSTENSIBLE AUTHORITY:- Banking practices – Authority of a bank manager to make binding decisions on behalf of parent bank – Bank manager’s ostensible authority to act and bind parent bank – Whether applies whether acts are for the benefit of the principal or not provided he is shown to have acted within the scope of the authority |
| AGENCY:- “Principal “, “agent” – Meaning of – Agency relationship – How created – Whether must be created by deed – Acts of agents – Where ratified by principal – Effect
AGENCY – POWER OF ATTORNEY:- “Power of Attorney” – Meaning of – Whether and when must be given by deed – Power of attorney given to agent to sue – Whether required to be by deed |
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| WILLIAMS V. SANUSI |
AGENCY:- Distinction between a person who sues or is sued as an agent “for and on behalf of his principal” and a person who sues or is sued for “himself and on behalf of others” – Common interest between agent and principal beyond the relationship of principal and agent – When deemed present |
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JUDGMENTS OF NIGERIAN COURTS |
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| By Substantive Areas | |
