Disclosed principal, Business Law and Ethics

Assignment Help:

Disclosed Principal - Relations between Agent and Third Party

Whether the agent acted to a disclosed principal through informing the third party such he was an agent acting to a principal like whether named or unnamed the universal rule is such he drops out of the transaction as soon like his offer has been accepted or conversely so then he has accepted the third party's offer also.

Although he is not personally liable below the contract and hence cannot personally enforce it in such the event of its breach. Thus only the principal can sue or be sued there under like as:

Exceptions

Where an agent would be personally liable whether;

(a) If he executes a deed in his own name: like Appleton v. Binks (1804) principal which not exist or has no capacity.

(b) If he signs a bill of exchange in his own name there without indicating that he is acting as an agent.

(c) If he contracts as agent although is in fact a principal

(d) Whether the custom of particular trade makes him liable also.


Related Discussions:- Disclosed principal

Determine the elements of the tort, Irene walked into a store carrying...

Irene walked into a store carrying a bottle of soda she had purchased a few days earlier. While in the store, she opened the bottle of soda and was drinking it while she

What is the way of acquiring rights over a territory, What is the way of ac...

What is the way of acquiring rights over a territory The way of acquiring rights over a territory is adjudication . It is a process in which the States consult an internation

Company law, # difference between variation of class right and variation of...

# difference between variation of class right and variation of enjoyment

Contributions of equity, Contributions of Equity Contributions of Equi...

Contributions of Equity Contributions of Equity as: Developed the so called maxims of equity and Provided additional remedies and Provided for the discovery of

Effects of an order for compulsory liquidation, Effects of an Order for Com...

Effects of an Order for Compulsory Liquidation: The effects of the order are follows as are: (a) the Official Receiver (an Official of the High Court whose duties relate ma

Court access and power, American citizens can utilize their Courts only und...

American citizens can utilize their Courts only under certain conditions and circumstances. That is, there are both formal and informal "barriers" to access the legal system.

Negotiable instruments, Negotiable Instruments A negotiable instrument...

Negotiable Instruments A negotiable instrument cannot be described regards precision, although can be explained like a commercial document that represents money. Whether it pa

Outline the role played by each of these institutions, QUESTION 1 In Ma...

QUESTION 1 In Mauritius, Industrial Relations are dealt with by a number of specialist institutions. Outline the role played by each of these institutions. QUESTION 2 "

Analyse ethical and legal issues , Fran is a 68 year old female patient wit...

Fran is a 68 year old female patient with a history of diabetes.  Fran separated from her husband, Derek, 3 years ago (although they are not divorced) and over the past few years t

Statutory power - mergers and winding up, Statutory power - mergers and win...

Statutory power - mergers and winding up: It is usual to proceed under s.207 as there are technical difficulties over s.300 procedure.  The liquidator's powers to reach a comp

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd