Special Agency - Express And Implied

Question 1

Morrison v Statter

Answer 1

Express

Shepherd assigned to buy some 3 year old sheep and cake back with 2 year old sheep- he was held liable as he went beyond instructions - specific agency is usually something particular

Question 2

Ireland v Livingstone

Answer 2

An agent will not be liable to the principle for losses suffered as a direct result of ambiguity of the principles instructions - in this case he asked for 500 tonnes more or less- agent could only get 400- P sued A however he was held not liable due to ambiguity of instructions

Question 3

Black v Cornelius

Answer 3

Agents authority may be implied by customary process within the trade or profession - Architect was instructed to build extensions to manor and builds up the plans and get a surveyor to price them- Pa said A didn’t have the authority to do this and refused to pay however the authority in this practice was implied

Question 4

Sinclair, Moorehead and Co v Wallace

Answer 4

Held that general agents do not have implied authority to borrow money on behalf of their principles