Chapter 4 Further reading

  • Ian Brown , ‘ Authority and Necessity in the Law of Agency ’ (1992) 55 MLR 414. Discusses several key cases relating to agency by necessity, and contends that the theoretical underpinnings of agency by necessity is murky and indistinct.
  • Ian Brown , ‘ Ratification, Retroactivity and Reasonableness ’ (1994) 110 LQR 531. Discusses the rule established in Bolton Partners v Lambert and looks at the effects of subsequent cases on the rule.
  • Tan Cheng-Han , ‘ The Principle in Bird v Brown Revisited ’ (2001) 117 LQR 626. Discusses the controversial case of Bird v Brown and contends that the principle established in that case has been over-extended to cover cases where it should not have been applied.
  • Roderick Munday , Agency: Law and Principles (4th edn, OUP 2022) chs 2, 5, and 6. Chapter 2 provides a clear general account of the creation of agency, whilst chapters 5 and 6 provide a detailed discussion of agency of necessity and agency by ratification respectively.
  • Peter G Watts , Bowstead & Reynolds on Agency (22nd edn, Sweet & Maxwell 2021) chs 2 and 4. Chapter 2 provides a detailed exposition of the law relating to the creation of agency. Chapter 4 discusses in detail the law relating to agency of necessity.
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