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The Unauthorised Agent
Perspectives from European and Comparative Law

$88.00 (C)

Danny Busch, Laura Macgregor, Séverine Saintier, Ilse Samoy, Martin Schmidt-Kessel, Ana Baide, Cheng-Han Tan, Deborah De Mott, Francis Reynolds, David Yuill
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  • Date Published: October 2012
  • availability: Available
  • format: Paperback
  • isbn: 9781107411333

$ 88.00 (C)

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About the Authors
  • The focus of this book, the legal situation created when an agent acts without authority, is one of the most important issues in agency law. The analysis is divided into three sections: apparent authority, ratification and the liability of the falsus procurator. Adopting a unique comparative perspective, the contributions are drawn from many different legal systems, providing the opportunity for analysis of the European common law/civil law divide. The analysis extends beyond Europe, however, taking into account the mixed legal system of South Africa, as well as the United States. Finally, there is a useful consideration of the Principles of European Contract Law and the UNIDROIT Principles of International Commercial Contracts 2004. This study will be an invaluable guide for those interested in the study of comparative law, international practitioners and those interested in the harmonisation of European Private Law.

    • Sheds light on the under-researched area of agency law
    • Comparative perspective deepens reader's knowledge of the subject and makes the book accessible to a wide variety of people
    • Compares and analyses information from different national systems
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    Reviews & endorsements

    Review of the hardback: 'This interesting and valuable book will, I hope, influence the analysis and development of the law in this significant commercial area, both by legislators and judges.' Lord Bingham

    Review of the hardback: '… well-produced, ably edited, and replete with food for thought. … [the] quality of analysis is sharp, thoughtful and detailed.' The Edinburgh Law Review

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    Product details

    • Date Published: October 2012
    • format: Paperback
    • isbn: 9781107411333
    • length: 516 pages
    • dimensions: 229 x 152 x 26 mm
    • weight: 0.68kg
    • availability: Available
  • Table of Contents

    1. Introduction Danny Busch and Laura Macgregor
    Part I. The Civilian Legal Systems:
    2. French law Séverine Saintier
    3. Belgian law Ilse Samoy
    4. German law Martin Schmidt-Kessel and Ana Baide
    5. Dutch law Danny Busch
    Part II. The Common Law:
    6. English law Cheng-Han Tan
    7. The US restatement (third) on agency law Deborah De Mott
    8. Unauthorised agency, the American restatements and other common law countries Francis Reynolds
    Part III. Mixed Legal Systems:
    9. Scots law Laura Macgregor
    10. South African law David Yuill
    Part IV. International 'Codes':
    11. The principles of European contract law Danny Busch
    12. The UNIDROIT principles of international commercial contracts Danny Busch
    Part V. Conclusions:
    13. Comparative evaluation Danny Busch and Laura Macgregor
    14. Comparative conclusions Danny Busch and Laura Macgregor.

  • Editors

    Danny Busch, University of Nijmegen Faculty of Law

    Laura J. Macgregor, University of Edinburgh


    Danny Busch, Laura Macgregor, Séverine Saintier, Ilse Samoy, Martin Schmidt-Kessel, Ana Baide, Cheng-Han Tan, Deborah De Mott, Francis Reynolds, David Yuill

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