Commercial Agency Agreements Law And Practice

This book explores a range of problems in the application of agency law in commercial practice. Moving beyond the limited introductory resources currently available, it "tests" abstract agency law concepts in specific commercial contexts, with reference to jurisdictions around the world. There is an enduring commonality of concepts and principles within agency law, both within the Commonwealth and within the jurisdictions of the United States. The book's comparative approach, drawing together analysis of national and international jurisdictions, provides innovative perspectives and insights, as well as practical guidance on solving commercial problems. The book opens with a detailed introductory chapter which provides a broad overview of the agency issues arising in specific commercial contexts. The subsequent chapters are grouped thematically: company law, financial transactions and services, sale of goods; as well as agency in procedural contexts. Topics covered include the role of the director and directorial board in company law and agency law, agency in shipping law, undisclosed principal in sale of goods cases, regulation of conflicts of interest in securities transactions, poseur-agents and transactional intermediation, the operation of agency in retail financial services, the agent's warranty of authority, and power of attorney. This book is an invaluable resource on both agency theory and commercial practice.

Commercial Agents and the Law is a practical approach to the law relating to commercial agency agreements and a complete guide to the workings of the relationship between commercial agents and their principal within its domestic and European context. Both common law and agency regulations apply to commercial agency agreements, but neither provides a comprehensive set of rules. Commercial Agents and the Law explains, in a critical manner, how the two sets of rules work together in order to give practitioners a complete overview of the rules regulating commercial agency agreements. The authors examine in depth who commercial agents are and exactly what they do, and the rules pertaining to commercial agency agreements at every important stage of the relationship: from formation, through the life of the agreement to termination and post-termination. The relationship between commercial agents and principal is then placed in the wider context to consider competition implications as well as the valuation of businesses ¿ new to this second edition is a chapter on how to value a commercial agent¿s business. A comprehensive and highly practical guide to the law surrounding commercial agents, this book will be an essential reference tool for practitioners dealing with commercial agent contracts and disputes, as well as commercial agents themselves. It will also be of great interest to academics and students of commercial law.

This book contains interesting reports prepared in view of a conference organized by the Faculty of Law of the Rijksuniversiteit Limburg at Maastricht on the occasion of its tenth anniversary, in September 1991. The objective of the conference 'Legal Education in the Future' was to discuss whether one should develop a 'European Law School', in which the 'ius commune Europaeum' would replace the national legal system as the central element of the curriculum. In all European countries, at present, law & the teaching of law tend to focus on national concerns. Comparative law is mostly concerned in emphasizing the differences between legal systems, & less in searching for common roots & principles. The conference participants were invited to examine the intellectual resources that might allow for a re-direction of the emphasis, towards the teaching of common rules & principles in a 'European Law School' accessible to students of all countries & leading to transnational professional careers. Some of the interesting contributions in this book explain the ambitions & lingering doubts about a European legal eduction. Other contributions have, by their enthusiasm & thoughtfulness, helped chart the way to the future. The following areas of law are discussed: public law, private law, company & economic law, criminal law, labour & social law, & social & scientific views.

This authoritative, practical reference describes the law of the European Union relating to commercial activity, distribution and franchising, together with a comparative analysis of law of the 15 member states, Switzerland and Norway.

Examines the standard commercial agency agreement where an agent is self-employed and paid a commission on sales he or she generates for the principal as it is those agents that fall within the Regulations. It addresses the drafting of such agreements as well as termination and compensation and includes examples of agency contracts and coverage of the majority of UK judgments. The fifth edition has been updated to include: Ramsay v Typhoo Tea 2016 Software Incubator 2016 and application of the agency regulations to agency contracts Monk v Largo 2016 Invicta v International Brands 2013 Medsted Associates Ltd v Canaccord Genuity Wealth (International) Ltd (2119 Court of Appeal) relating to secret commissions and fiduciary duties of agents. W Nagel (a Firm) v Pluczenik Diamond Company NV 2018 Court of Appeal - about "commodity exchanges" and the agency regulations Agro Foreign Trade & Agency Ltd v Petersime NV (2017 CJEU) Choice of law issues - Belgium and Turkey. One Money Mail Ltd. v (1) Ria Financial Services (2) Sebastian Wasilewski (Court of Appeal) - 2015 post termination restrictions on agents Brand Studio Ltd. v St. John Knits, Inc 2015 ( indemnity and compensation clauses) Bailey v Angove's Pty Limited [2016] Authority of agents to recover debts (Supreme Court decision)

The rules presented in this volume of "Principles of European Law" deal with commercial agency, franchise and distribution contracts, and with other contracts where one party uses the other party's skill and efforts to bring its products to the market. Although these Principles are not directly applicable to other long-term (commercial) contracts, some of the Articles may be applied to such contracts by way of analogy where appropriate. The economic function of all three contracts is that they are instrumental in bringing products to the market. They are so-called vertical agreements, as they are agreements between economic actors on different levels in the production and distribution chain. Obviously, the economic importance of these contracts is enormous since they form the connection between producers and retailers who sell the products to consumers and other final users. There are only very few economic sectors where producers regularly sell their products directly to final consumer users. Goodwill compensation after the ending of a distribution contract, the moment at which the agent's commission is due, the franchisor's obligation to maintain the good reputation of the network are but a few examples of issues where specific rules are needed in order to give legal practice some guidance and to provide practitioners with a reasonable degree of legal certainty.