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Essay / Research Paper Abstract
This 16 page paper examines the impact of the UK Commercial Agents Regulations 1993 brought in as a result of the E. C. Council Directive 86/653. The paper discusses how these regulations fitted in with existing law, what the changes where, areas of ambiguity and concludes by determining if these regulations are sufficient to regulate all agency relationships under English or UK law. The paper is written with reference to English law and cases. The bibliography cites 10 sources.
Page Count:
16 pages (~225 words per page)
File: TS14_TEagenc1.rtf
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Unformatted sample text from the term paper:
was formed where there was a wish to avoid direct dealings with the third parties, often the customers. It may be argued that the UK Commercial Agents Regulations 1993 brought
in as a result of E. C. Council Directive 86/653 may have reduced the complexity that existed in UK law. To understand the impact that these regulations have had,
how they have changed and been adopted, and the effectiveness of the new regimen the background to agency law needs to be considered and then the Commercial Agents Regulations
1993 can be examined. The law regarding the agency relationship may be found in both statute and common law, but the basis
of the relationship is that of consent, authority and good will. An agency may be defined as "where one person, the principle, appoints another, the agent, to bring about, modify
or terminate legal relations between the principle and one or more third parties" (Goode, 2000; 166). This is the definition in the commercial sense, however, when looking at the definition
of an agent it is "A person authorised, expressly or implied, to act for another...ands who is, in consequence of, and to the extent of, the authority delegated by him,
bound by the acts of his agent" (Ivamy, 2000; 12). The first definition is clear, but the second gives an indication of the wide range of agent options, the
agreement does not have to be express as seen in the second definition (Ivamy, 2000). This later definition of an agent is also capable of including a range of agency
agreements, including those of brokers and factors or stewards for land owners (Ivamy, 2000). In general terms there will be a fiduciary role between the agent and the principle,
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