Agency Law in Commercial 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.

1 - Introduction
2 - Ratification
3 - Unidentified principles in common law
4 - Undisclosed Agency
5 - Directors as Agents -- Some Aspects of Disputed Territory
6 - The Agency of Liquidators and Receivers
7 - Undisclosed Principals and the Sale of Goods
8 - Representation and dealing on own account under the Markets in Financial Instruments Directive
9 - The Poseur as Agent
10 - Agency and the Retail Distribution of Financial Products
11 - The Duty of Disclosure In Pre-Contractual Insurance Contexts: Imputation of The Agent's Knowledge
12 - Powers of Attorney, Strictly Speaking
13 - Commercial Agency and the Conflict of Laws: What Place for Party Autonomy?

Danny Busch holds the Chair for Financial Law at Radboud University, Nijmegen. He also is the Director of the Institute for Financial Law at the University of Nijmegen. From 2002 until 2010 he was an attorney-at-law (advocaat) with the leading Dutch law firm De Brauw Blackstone Westbroek in Amsterdam where he practised banking and securities law (both the private law and regulatory aspects). Laura Macgregor is Senior Lecturer in Commercial Law at the University of Edinburgh. She is Director of the Edinburgh Centre for Commercial Law, the main aim of which is to foster closer ties between academia and commercial practice. She is Visiting Professor in International Commercial Law at Radboud University, Nijmegen. Peter Watts is a professor at the University of Auckland, New Zealand. He is also a barrister at Bankside Chambers, Auckland and a Door Tenant at Fountain Court Chambers, London. In 2012, he appeared as counsel in New Zealand's Court of Appeal, and in the Supreme Court, New Zealand's highest court. In May 2013 he was made Queen's Counsel.