02. CASES on Agency.

Question 1

Sachs v Miklos (1948)

Answer 1

A person selling the furniture of another was deemed NOT to have authority as an agent of necessity due to there being no pressing need for the sale.

Question 2

Armstrong v Jackson (1917)

Answer 2

An agent selling their own shares to a principal without disclosing that fact was deemed to be in breach of their fiduciary duty.

Question 3

Boston Deep Sea Fishing & Ice Co v Ansell (1888)

Answer 3

A managing director’s disimisall was upheld after it was proved that he accepted undisclosed commissions. He also had to account for those commissions to the company (the principal for which he acted as an agent).

Question 4

Watteau v Fenwick (1893)

Answer 4

A bar manager was deemed to have the actual implied authority to purchase tobacco products despite being expressly forbidden to do so.

Question 5

Freeman & Lockyer v Buckhurst Park Properties (Mangal) Ltd (1964)

Answer 5

The actions of a director behaving as a managing director without express authority were nevertheless deemed to be binding.