Types Of Appointment

Question 1

Express Appointment

Answer 1

Written (RWSA1995) or Oral

Question 2

Implied Appointment

Answer 2

Statute - Partners, Company directors, Receivers

Question 3

Implied Appointment

Answer 3

Employment-

Mackenzie v Cluny Hill Hydrophatic Ltd - Hotel manager is acting as agent for the company so they are responsible for the Delict

Pandorma Devlopments v Fidelis Furnishings - Car Hire still put in position to do that so companies fault

Question 4

Agency implied the in circumstances

Answer 4

Batt Cables v Spencer - If there is not express appointment then there needs to be clear evidence of the agency

Question 5

Agency by Neccessity

Answer 5

Bell 540 - When someone deals with an issue without authority but on the thought they would give authority to help them
Fernie v Robertson - Tradesmen still need to be paid
Bannatine v Cunninghame - It needs to be necessary
Koblin v United Shipping - Reasonable care

Question 6

Ostensible agency

Answer 6

When principal makes the 3rd party believe that someone else is agent.
Bank of Scotland v Brunswick Development - Estopell and Personal bar are the same thing. Can’t deny authority if you made it seem as though they had authority