Chapter 8 Further reading

  • Roderick Munday, Agency: Law and Principles (4th edn, OUP 2022) chs 11 and 12. Chapter 12 discusses the relationship between the agent and third party, whereas ch 11 looks at the agent’s liability in tort.
  • FMB Reynolds , ‘Election Distributed’ (1970) 86 LQR 318. Discusses the case law relating to the doctrine of election and contends that many of the relevant cases are not in fact cases concerning election at all, but are instead concerned with contract formation.
  • Robert Stevens, ‘Why Do Agents “Drop Out?”’ [2005] LMCLQ 101. Discusses the various reasons why agents do not escape liability to third parties, focusing especially on contractual and tortious liability.
  • Christian Twigg-Flesner , ‘Full Circle: Purported Agent’s Right of Enforcement Under Section 36C of the Companies Act 1985’ (2001) Co Law 274. Discusses the effect of s 36C of the Companies Act 1985 (now reproduced as s 51(1) of the Companies Act 2006) and examines whether or not the provision has properly implemented the relevant EU Directive.
  • Peter G Watts, Bowstead & Reynolds on Agency (22nd edn, Sweet & Maxwell 2021) ch 9. Provides an extremely detailed exposition of the legal relations that exist between agents and third parties.

 

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