Commercial Agents And The Law

Commercial Agents and the Law is a practical approach to the modern law relating to commercial agency agreements, a complete guide to the workings of the relationship between commercial agents and their principal within its domestic and European context. This book is a complete guide to the workings of the relationship between commercial agents and their principal within its domestic and European context. The common law rules governing the relationship between principal and agent were pretty well established and well understood by English lawyers when, in 1993, the Commercial Agents (Council Directive) Regulations were enacted. The 1993 Regulations implement EC Directive 86/653 on self-employed commercial agents. The 1993 Regulations, like the EC Directives, are not, however, a complete code of rules governing the relationship, so they have to co-exist with the pre-existing common law rules. Both sets of principles therefore have to be applied.

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.

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)

This is the third edition of the leading work on European commercial agency, by two practising lawyers who have been involved in many of the leading cases since the adoption of the European Directive on self-employed commercial agents. Since the previous edition there has been a string of important cases which have helped to clarify previously confused issues but even now some of the case law remains unsatisfactory. In this third edition of their work, Randolph and Davey have once again drawn out the consistent threads in the case law to predict the likely approach of the courts, both at UK and EU level, to those issues which still remain undecided. The approach adopted in the earlier editions of tackling difficult issues head-on and suggesting concrete answers to practitioners has once again been carried through into the third edition. As well as including references to all the relevant cases in the text, the work now includes a new chapter on the valuation of businesses by Dr Ruth Bender of the Cranfield School of Management, as well as an up-to-date version of the chapter on French law by Dr Séverine Saintier of Sheffield University and on German law by Dr Michael Reiling, Rechtsanwalt, Noerr LLP.

Agency is a pervasive institution, fundamental to commercial activity, inherent to legal personality, enabling against deteriorating capacity. This new work provides a fresh, succinct examination of the principles of agency law exploring the rules of attribution, the rights and obligations arising within the agency relationship, the impact of agency in the fields of contract and tort, and the termination of an agent's authority. Throughout the book, full consideration is given to the issues arising under the Commercial Agents (Council Directive) Regulations 1993. The discussion is informed not only by common law authority that constantly nourishes the development of agency law principle, but also by international soft law instruments and the Restatement of the Law, Third: Agency.

This book is written by the leading barrister and one of the leading solicitors in the field of the Commercial Agents (Council Directive) Regulations 1993 (the "Regulations"). But it is not a book written only for lawyers. The intention is to provide practical analysis and advice to agents, principals and their representatives (non-legal and legal) on the key questions that arise between them - during an agency relationship and following its conclusion. When do the Regulations apply? What rights and obligations do the parties have during the agency? What sort of (mis-)conduct entitles the other party to terminate for cause? How can an agent or principal vary the terms of the agency without ending it? When is an agent entitled to an indemnity or compensation following termination? How does one calculate the value of that indemnity or compensation? These are questions that regularly concern agents and principals, to which they and their representatives need clear answers. This book provides those answers.

Aiming to provide a clear and digestible introduction to the central areas of commercial law, this text sets out each topic in a self-contained, annotated section. Coverage includes: fundamentals of sale of goods contracts; law governing agency relationships; and consumer credit agreements.

First published in 2001. Routledge is an imprint of Taylor & Francis, an informa company.