单词 | Termination of agency |
释义 | 終止代理 The bringing to an end of a relationship of principal and agent. Termination may occur in the following ways: agreement to terminate (Danby v Coutts & Co (1885) 29 Ch D 500); reasonable notice of revocation given by the principal (Martin-Baker Aircraft Co Ltd v Canadian Flight Equipment Ltd [1955] 2 QB 556, 2 All ER 722); or notice of revocation given by the agent to the principal and accepted by the principal. It may also occur by operation of law, which includes: completed performance by the agent (Bell v Balls [1897] 1 Ch 663); the expiration of the time for which the agent was appointed; the death of either the principal (Pool v Pool (1889) 58 LJP 67) or the agent (Friend v Young [1897] 2 Ch 421); the insanity (Yonge v Toynbee [1910] 1 KB 215 (CA)) or bankruptcy (Markwick v Hardingham (1880) 15 Ch D 339 (CA)) of a principal; the death, bankruptcy, or mental incapacity of the agent (Re Overweg; Haas v Durant [1900] 1 Ch 209); the principal becoming an enemy alien (Hugh Stephenson & Sons Ltd. v Aktiengesellschaft Fur Carton-Nagen-Industrie [1918] AC 239 (HL)); the subject matter of the agency becoming illegal or being destroyed; and the performance of the agency becoming impossible or illegal. Determination does not affect accrued rights. An agent has a right to be indemnified for acts done before, but the liability for which crystallises after, determination: Read v Anderson (1884) 13 QBD 779 (CA). See also Agency; Agent; Power of attorney; Principal; Special agent. |
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