Bowstead & Reynolds on Agency, 22nd Edition With 2nd Supplement | 2022 *


Bowstead & Reynolds on Agency, 22nd Edition With 2nd Supplement | 2022

Author Professor Peter G Watts (General Editor); F.M.B. Reynolds
Publication Date Oct 2022
ISBN 9780414101951
Hardback Mainwork + Paperback 2nd Supplement
Publisher Sweet & Maxwell


For business professionals, Bowstead & Reynolds on Agency is a crucial reference tool. This version, which is a part of the venerable Common Law Library, updates all pertinent areas of the law that have an impact on agency agreements, including contract law, administrative law, tort law, business/company law, the law of property, and the law of conflicts of laws.

Key Features of Bowstead & Reynolds on Agency, 22nd Edition:

  • investigates the development of agency
  • covers the subject of agent authority
  • talks about the agency of necessity
  • investigates sub-agency
  • provides discussion of agents' obligations to their principals
  • protects agents' rights when dealing with their principals
  • Covers termination of authority
  • Covers commercial agents
  • Covers relationships between principals and third parties
  • Covers relationships between agents and third parties
  • a remark on the application of conflict of laws

The second cumulative supplement updates the primary work with the most recent information. Changes and fresh case law discussed include:

Chapter 1: Attribution of acts and knowledge to firms; agency of a company for a related company; duty of party to lawsuit to find materials possessed by "agents"

Ivy Technology Ltd v Martin (Comm); Quartz Assets LLC v Kestrel Coal Midco Pty Ltd (Comm); Aquila Advisory Ltd v Faichney (UKSC) 

Chapter 2: Capability of corporations; conditions for corporate execution; acts performed on behalf of corporations when corporate action is required by statute; authority to engage in illicit activity; ratification

Ceredigion Recycling & Furniture Team v Pope (EWCA); SR Projects Ltd v Rampersad (UKPC) 24; Mars Capital Finance Ltd v Hussain (Ch); Northwood Solihull Ltd v Fearn (EWCA); Gulf Petrochem FZC v OCM Singapore Njord Holdings Pte Ltd (Comm); Canara Bank v MCS International Ltd (Comm)

Chapter 3: discusses agency evidence, when self-interest precludes actual authority, the Mental Capacity Act of 2005, the actual authority of individual directors of companies, and the implied authority of lawyers in court proceedings.

Ivy Technology Ltd v Martin (Comm);  Chandler v Lombardi (Ch); Rushbrooke UK Ltd v 4 Designs Concept Ltd (Ch); R v Mallick (EWCA Crim)

Chapter 5: discusses the Quincecare duty, the relationship between the bank and the mandatary over the client, and the sub-responsibility agent's to the head agent with regard to receiving bribes.

Philipp v Barclays Bank (EWCA); Royal Bank of Scotland International Ltd v JPSPC (UKPC); Stanford International Bank Ltd v HSBC Bank Plc (EWCA)

Chapter 6: covers imposters posing as agents, agent liability to principal in tort, duties of care and skill, conflicts of interest, trust of assets in the agent's possession, accounts of profits, misuse of confidential information, duties imposed on agents during the appointment process, accounting for profits, and agent trust obligations.

Business Mortgage Finance 4 Plc v Hussain (Ch); Mahoney v Renwick (Ch); Ceredigion Recycling & Furniture Team v Pope (EWCA); Spire Property Development LLP v Withers LLP (EWCA); Brearley v Higgs & Sons (Ch); Al-Subaihi v Al-Sanea (Comm); Mulsanne Insurance Co Ltd v Marshmallow Financial Services Ltd (Ch); Maranello Rosso Ltd v Lohomij BV (Ch); Prickly Bay Waterside Ltd v British American Insurance Co Ltd (UKPC); Trafalgar Multi Asset Trading Co Ltd v Hadley (Ch) 

Chapter 7: Obligations of principals to their agents; director's claim to compensation; effective cause as an entitlement to commission; loss-of-chance damages for prohibiting commission earning; breadth of agent's right to indemnity; being called into question due to agent's conflict of interest;

Benyatov v Credit Suisse Securities (Europe) Ltd (QB); Clevely v Atkinson (Ch); Musst Holdings Ltd v Astra Asset Management UK Ltd (Ch); O'Connell v LPE Support Ltd (Ch)

Chapter 8: discusses undisclosed principals, apparent authority based on dealings, no representation in a simple payment, and the seeming authority of the board chair; Vicarious responsibility, the ultra vires theory in corporate law, and undue influence on an attorney

Canara Bank v MCS International Ltd (Comm); SR Projects Ltd v Rampersad (UKPC); Ceredigion Recycling & Furniture Team v Pope (EWCA); Blackpool Football Club Ltd v DSN (EWCA); Chell v Tarmac Cement and Lime Ltd (EWCA); Enal v Singh (UKPC)

Chapter 9: Shareholder position, agent liability to third parties for negligence, agent liability for joint tortfeasance, agent immunity for causing principal to breach contract, agent liability for dishonest assistance, and agent liability for knowing receipt are discussed in Chapter 9.

PDVSA Servicios SA v Clyde & Co LLP (Ch); Various North Point Pall Mall Purchasers v 174 Law Solicitors Ltd (Ch); Barclay-Watt v Alpha Panareti Public Ltd (EWCA Civ); BASF Corp v Carpmaels and Ransford (Ch); Brearley v Higgs & Sons (Ch); Norsand Consultancy Ltd v Anandanadarajah(Ch); IBM United Kingdom Ltd v Lzlabs GmbH (TCC); Hotel Portfolio II UK Ltd v Ruhan (Comm); Byers v Saudi National Bank (EWCA)

Chapter 11: Commercial Agents (Council Directive) Regulations: Software as Goods

Software Incubator Ltd v Computer Associates Ltd (C-410/19)

Chapter 12: Governing legislation of ratification and real authority

Canara Bank v MCS International Ltd (Comm); Kreditanstalt Für Wiederaufbau v Azov-Don Shipping Co JSC (Comm); Deutsche Bank AG London v Comune di Busto Arsizio (Comm)

Table of Contents of Bowstead & Reynolds on Agency, 22nd Edition

Nature of the subject;
Creation of agency;
Authority of agents;
Agency of necessity;
Duties of agents towards their principals;
Rights of agents against their principals;
Relations between principals and third parties;
Relations between agents and third parties;
Termination of authority;
Commercial agents;
A note on the conflict of laws;
Appendix 1 – Commercial Agents Regulations, 1993

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