Download Commercial Law (Briefcase) by Michae Connolly, Michael Connolly PDF

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  • April 20, 2017
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By Michae Connolly, Michael Connolly

The Briefcase sequence is the suitable significant other. each one identify offers concise experiences of the main correct and critical circumstances inside every one topic, drawing out the real ideas and precedents. The Briefcase sequence is ideal for college kids on undergraduate or CPE/Diploma in legislations classes.

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Sample text

The plaintiffs, understanding the charterparty to be for three years, sought damages for breach of contract. They argued that M had actual (implied), or apparent, authority to sign the three year charterparty. Held although M had been appointed as vice-president (transportation) and chartering manager, there was no usual or customary authority (to sign a three year charterparty) incidental to that position. Neither was there a representation by the defendants that he had such authority. The only representation was by M, the agent.

Normally, she purchased clothes from the plaintiff in her own name. On one occasion, however, she bought clothes and pledged her husband’s credit. Held there was no express agency – this was forbidden by the husband. There was no agency implied from cohabitation because the couple were not cohabiting in a domestic situation. They lived together in a hotel (the address being known to the plaintiff) as manageress and manager, not as a family. The husband, then, was not liable to the plaintiff on the debt.

Unless the third party alters his position to his detriment, he cannot claim under apparent authority, which operates as an estoppel. The council were entitled to refuse planning permission. 4 Conduct subsequent to the contract Spiro v Lintern (1973) Mr Lintern (P), as sole owner, wished to sell his house so he asked his wife (A) to instruct an estate agent to find a purchaser. Unknown to Mr Lintern, his wife entered into an agreement (as apparent vendor) with Spiro to sell. Mrs Lintern represented herself as principal so there was no question at this stage of apparent authority.

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