Agency

Q&As

If, in a sale of goods transaction, A acts as agent for principal B (purchaser), but A expressly represents to third party seller (C) that the principal is someone other than B (because B does not, for whatever reason, want to be identified as the principal), can B sue C in relation to that transaction, despite A’s express representation to C that the principal was not B, but someone else(D)?

If, in a sale of goods transaction, A acts as agent for principal B (purchaser), but A expressly represents to third party seller (C) that the...

14th Sep

Q&As

Which entities are liable under a contract which has been entered into by one company on behalf of two other companies?

Which entities are liable under a contract which has been entered into by one company on behalf of two other companies?In conducting our research we...

13th Sep

Q&As

Can a third party rely on ostensible/apparent authority where they know the person signing a document is an employee of a company not a director and they sign as a director and in the name of that director?

Can a third party rely on ostensible/apparent authority where they know the person signing a document is an employee of a company not a director and...

13th Sep

Practice notes

Forming enforceable contracts—agent's authority to contract

Forming enforceable contracts—agent's authority to contractWho is liable? Agent or principal—general positionIn Re Lendy, the judge summarised that...

13th Sep

Precedents

Del Credere sales agency agreement for goods—non-exclusive—pro-principal

Del Credere sales agency agreement for goods—non-exclusive—pro-principalIP COMPLETION DAY: The Brexit transition period ended at 11pm on 31 December...

1st Sep

Precedents

Sales and marketing agency agreement for services—exclusive—pro-agent

Sales and marketing agency agreement for services—exclusive—pro-agentThis Agreement is made on [date]Parties1[insert name of party] [of OR a company...

Produced in partnership with Carolyn Burbridge of William Grace 27th Aug

Precedents

Sales and marketing agency agreement for services—non-exclusive—pro-principal

Sales and marketing agency agreement for services—non-exclusive—pro-principalThis Agreement is made on [date]Parties1[insert name of party] [of OR a...

Produced in partnership with Carolyn Burbridge of William Grace 27th Aug

Precedents

Sales and marketing agency agreement for services—non-exclusive—pro-agent

Sales and marketing agency agreement for services—non-exclusive—pro-agentThis Agreement is made on [date]Parties1[insert name of party] [of OR a...

Produced in partnership with Carolyn Burbridge of William Grace 27th Aug

Precedents

Sales and marketing agency agreement for services—exclusive—pro-principal

Sales and marketing agency agreement for services—exclusive—pro-principalThis Agreement is made on [date]Parties1[insert name of party] [of OR a...

Produced in partnership with Carolyn Burbridge of William Grace 27th Aug

Precedents

Sales and marketing agency agreement for goods—exclusive—pro-principal

Sales and marketing agency agreement for goods—exclusive—pro-principalThis Agreement is made on [date]Parties1[insert name of party] [of OR a company...

Produced in partnership with Carolyn Burbridge of William Grace 26th Aug

Precedents

Introduction agreement for services—pro-introducer

Introduction agreement for services—pro-introducerThis Agreement is made on [date]Parties1[insert name of company] [of OR a company incorporated in...

26th Aug

Precedents

Introduction agreement for services—pro-supplier

Introduction agreement for services—pro-supplierThis Agreement is made on [date]Parties1[insert name of company] [of OR a company incorporated in...

26th Aug

In-house

Precedents

Sales and marketing agency agreement for goods—non-exclusive—pro-principal

Sales and marketing agency agreement for goods—non-exclusive—pro-principalThis Agreement is made on [date]Parties1[insert name of party] [of OR a...

Produced in partnership with Carolyn Burbridge of William Grace 26th Aug

Q&As

Is there a fiduciary relationship between a buyer and seller of goods?

Is there a fiduciary relationship between a buyer and seller of goods?Fiduciary relationshipsCertain specific relationships automatically give rise to...

24th Aug

Q&As

What are the implications of company A entering into a document consultancy agreement on behalf of company B (not a group company) and specifically the liability of each company in terms of payments to be made to the third party under the consultancy agreement. If an authorisation is required between the companies, how is this given?

What are the implications of company A entering into a document consultancy agreement on behalf of company B (not a group company) and specifically...

24th Aug

Q&As

Can attorneys appointed by a company delegate the power to execute deeds?

Can attorneys appointed by a company delegate the power to execute deeds?We have assumed that the donor of the power of attorney is a company under...

24th Aug

Q&As

In the absence of an amending SI modifying the Commercial Agents (Council Directive) Regulations 1993 (the Commercial Agents Regulations), SI 1993/3053, after IP completion day what will be the effect of Regulation 1(3)(b) permitting agents in member states to agree to be subject to the Commercial Agents Regulations instead of the legislation implementing EU Commercial Agents Directive in their own member state?

In the absence of an amending SI modifying the Commercial Agents (Council Directive) Regulations 1993 (the Commercial Agents Regulations), SI...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 24th Aug

Q&As

Does a document appointing an attorney need to state that it is a power of attorney for it to be effective as such? If a document giving authority to one party to act on behalf of another is silent as to whether it is a power of attorney, do the general principles of agency apply to such appointment and the extent of the authority granted?

Does a document appointing an attorney need to state that it is a power of attorney for it to be effective as such? If a document giving authority to...

Produced in partnership with Lynne Counsell of 9 Stone Buildings 24th Aug

Q&As

Do you have a clause that manages a company’s risk in connection with the corporate failure to prevent the facilitation of tax evasion offence under the Criminal Finances Act 2017?

Do you have a clause that manages a company’s risk in connection with the corporate failure to prevent the facilitation of tax evasion offence under...

24th Aug

Q&As

Where an agent collects monies on behalf of its principal and agrees to remit it to the principal within an agreed period, can the principal charge the agent interest if the monies are not remitted by the agent within the agreed period?

Where an agent collects monies on behalf of its principal and agrees to remit it to the principal within an agreed period, can the principal charge...

24th Aug

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