Agency Law
This case comes under Law of Agency. Agency Law is concerned with any “principal, agent and third party” relationship; a relationship in which one person has legal authority to act for another.
Agency involves three parties :
• Principal – Mr. Smithfield
• Agent – U.K. Rail
• Third Party – Pig resort/Care Centre
Agency relationship may arise in five ways and one them which arise in this case is “Agency Of Necessity” and the requirements are :
• Genuine necessity – there was a delay in delivering Pig and that’s why it was not delivered at time .
• Communication Impossible – they did not know the full name and address of Mr. Smithfield .
• Actions in the interests of the principal – they put the award winning pig into a very expensive pig resort/care centre.
If we categories Agents then its an Special Agent. A Special Agent is one who has authority to act for his principal in some particular transaction only. On the other hand, third parties dealing with a Special Agent goes beyond what he has been instructed to do the third party cannot hold the principal liable.
A Special Agent , on the other hand, has no ostensible authority and so if be oversteps his actual authority his actions are not binding on his principal.
Conclusion – Mr. Smithfield is liable pay under agency of necessity, the cost incurred in keeping award winning pig Horace into a very expensive pig resort/care centre. The U.K. Rail acted as an agent, and failed to delivered the pig, as they were not having sufficient contact details and were not able to deliver it. In case of emergency, which forced U.K. Rail to act out of necessity.
Case 7 . Great Northern Railway Co v Swaffield (1974) – These both cases are similar to each other and in case 7 Swaffield was liable to pay the livery costs –putting the horse in stables was acting out of necessity. Partnership means a formal agreement between two or more parties that have agreed to work together in the pursuit of common goals/profit.
Agency involves three parties :
• Principal – Mr. Smithfield
• Agent – U.K. Rail
• Third Party – Pig resort/Care Centre
Agency relationship may arise in five ways and one them which arise in this case is “Agency Of Necessity” and the requirements are :
• Genuine necessity – there was a delay in delivering Pig and that’s why it was not delivered at time .
• Communication Impossible – they did not know the full name and address of Mr. Smithfield .
• Actions in the interests of the principal – they put the award winning pig into a very expensive pig resort/care centre.
If we categories Agents then its an Special Agent. A Special Agent is one who has authority to act for his principal in some particular transaction only. On the other hand, third parties dealing with a Special Agent goes beyond what he has been instructed to do the third party cannot hold the principal liable.
A Special Agent , on the other hand, has no ostensible authority and so if be oversteps his actual authority his actions are not binding on his principal.
Conclusion – Mr. Smithfield is liable pay under agency of necessity, the cost incurred in keeping award winning pig Horace into a very expensive pig resort/care centre. The U.K. Rail acted as an agent, and failed to delivered the pig, as they were not having sufficient contact details and were not able to deliver it. In case of emergency, which forced U.K. Rail to act out of necessity.
Case 7 . Great Northern Railway Co v Swaffield (1974) – These both cases are similar to each other and in case 7 Swaffield was liable to pay the livery costs –putting the horse in stables was acting out of necessity. Partnership means a formal agreement between two or more parties that have agreed to work together in the pursuit of common goals/profit.