Escolar Documentos
Profissional Documentos
Cultura Documentos
Ratification
- Retrospective authority
- Cant ratify where it causes unfair prejudice
- Bolton v Lambert: on retrospective effect
- Two things that come up in PQs:
o Principal has to be in existence at the time the contract is entered
into (Braymist: agent may be able to enforce the contract himself)
o Keighly
Undisclosed principal cannot ratify the contract
Undisclosed principals are anomalous
Dont add the two anomalies together
Who can sue and be sued
Usual authority
- Dubious
Watteau
- No actual or apparent authority
Explanations
Treitel vicarious liability
- Basis of vicarious liability: no one really knows its scope and
justification; uncertain
- T: when it comes to economic torts, we have very strict narrow rules
Cohen practical grounds
- Collusion
Tettenborn estoppel
- Represented that theres this person running the business
- Problem:
o Estoppel cant find a cause of action???
**Perhaps the law of unjust enrichment??
Ratification(staying within the realm of agency)
- Keighly.. criticise this
Said v Butt
- Breach of warranty of authority
- Strict liability
- Consideration:
o The fact that the third party enters into a contract with a principal