agency issues

Question 1

s 43

Answer 1

co may enter into contract itself or by another authorised to act on its behalf (express/implied)

Question 2

lack of authority

Answer 2

s 171

Question 3

Hely Hutchinson

Answer 3

actual implied authority

position/authority can be inferred from conduct/acquiescence

Question 4

implied actual authority

Answer 4

by conduct/circumstances
often derived from exec. position a person holds
can reasonably be inferred from someone in the agent’s position

Question 5

apparent authority

Answer 5

agent must be held out by someone with actual authority to act
agent cannot hold himself out
permitting agent to act/course of conduct is a form of principal consent

Question 6

apparent authority can exceed actual authority

Answer 6

Hely Hutchinson

Question 7

can a contract be saved on finding of apparent authority

Answer 7

yes (Freeman & Lockyer)

Question 8

conditions to enforce a contract w/o actual authority

Answer 8

1) representation made that an agent had authority
2) representation was made by party with actual authority on behalf of co. (eg, board)
3) reliance

Question 9

elements needed for a contract to be binding on co

Answer 9

1) capacity, s43

2) authority