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1 The Nature of ‘Agency’

From: Agency: Law and Principles (3rd Edition)

Roderick Munday

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 06 July 2022

Subject(s):
Authority of agent — Creation of agency — Nature of agency — Principal’s liabilities — Third parties

This chapter attempts to define the concept of ‘agency’, particularly within the scope of English and EU law. In English law, agency is a legal relationship that involves three parties: a ‘principal’, on whose behalf the agent acts; an ‘agent’, who acts on behalf of the principal; and ‘third parties’ whom the agent brings into legal relations with the principal. In recent years, European law has exerted considerable impact on the English law of agency. It affects the way in which certain bodies of rules require to be interpreted. It has also created an entirely new and commercially significant form of agency via the Commercial Agents (Council Directive) Regulations 1993. Thus, since the passing of the Commercial Agents (Council Directive) Regulations 1993, a further distinct species of agent, the ‘commercial agent’, now exists alongside English law’s traditional forms of agent.

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