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Creation of agency and types of agents sheet
Essay frame

Explain the ways in which an agency may be created.

How to lay out the answer. Follow the frame, then write it in your own words.

  1. 1 · Open in two lines. Agency is a relationship where an agent creates legal relations between his principal and third parties: he who acts through another acts himself.
  2. 2 · Draw the triangle. [Diagram: principal → agent → third party → principal]
  3. 3 · Express and implied agency. Written or oral appointment, power of attorney; authority implied from conduct or position.
  4. 4 · Agency of necessity. Emergency, no way to contact the principal, good faith.
  5. 5 · Ratification.
    • Later approval dates back to the act.
    • Conditions: existing principal (Kelner v Baxter), whole act, reasonable time, lawful act, full knowledge.
  6. 6 · Estoppel. Holding out creates apparent authority (Freeman & Lockyer v Buckhurst Park).
  7. 7 · In Sri Lankan business. Tea brokers at the Colombo Tea Auction; a power of attorney for a family member abroad.
  8. 8 · Close in one line. However created, the agent binds the principal only within actual or apparent authority.

Scoring tip: Five clear headings with one example each. The two case names on ratification and estoppel lift the answer.