A Treatise on the Law of Agency in Contract and Tort: Including Special Chapters on Attorneys at Law, Auctioneers, Bank Officers, Brokers, Factors, Insurance Agents, Traveling Salesman, Public Agents and Officers, Master and Servant, Volume 1

George Louis Reinhard

Bowen-Merrill Company, 1902 - 656 páginas

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Índice

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6	xxiii

94	xxiv

I	xxvii

SECTION	1

Auctioneers	7

Factors consignees commission merchants del credere factors	13

Classes of principals	19

Joint principals	34

SECTION PAGE 320 Purpose of this chapter	320

Agent may bind principal on contract	321

Liability on Contracts 323 Principal bound on contract	322

As to duty of third party to ascertain agents authority	323

Distinction between general and special agent	324

Principal bound by authorized acts of agent and the means of carrying such acts into execution	326

Principal not bound if agent had adverse interest	328

Parol evidence to establish liability of undisclosed principal	331

Gratuitous agencyGratuitous promise not enforceable	39

PAGE	45

348	47

Appointment and acceptance	55

What are blanksWhat may be filled inRatification of	61

41	68

Defendant may plead illegality	70

42	75

The doctrine in EnglandSupreme court of Michigan divides	76

24445	87

70	91

190	93

116	99

Wife accepting benefit of husbands contract made for	105

71	106

Giving unauthorized contract in evidence	107

Ratification by silent consent	108

Ratification after express repudiation	109

Silence when speech required	110

Relates back to time of performance of act	111

Superior equities	112

Public agentsRatification by state and general governments	113

Can third party recede?	115

The English doctrine	116

Discharge of agent from liability except in cases of tort	117

CHAPTER IV	118

By expiration of time or happening of event	119

By accomplishment of object for which agency was created	121

SECTION PAGE 158 By subsequent agreement of parties	123

Revocation may be express or implied	124

Consequences of revocationBetween principal and agent	126

When either party may terminate relation as of right	127

Consequences of dissolution as between principal and third per sonsNotice	128

Termination by act of agentRenunciation	129

How renunciation may be effected	130

Death of principalIs notice of required?	131

ExceptionWhere principal is a partnership firm	132

Death of agent	133

Insanity of principal	134

Insanity of agent	136

Insanity of one of two or more joint agents	137

Breaking out of war	138

Authority coupled with interest	139

14	140

CHAPTER V	142

Purpose of this chapter	143

What acts can not be performed for one by another	144

Exceptions to the rule	146

15	147

Express contract governsCollecting agencies	151

From what the power to appoint subagents may be inferred	152

Custom or usage	155

Custom or usage how establishedSummary of authority agent may exercise 195 196 Intention of parties Interpretation and construction of authority	157

197	159

Rules of construction	160

AmbiguityIn contracts made by agent How intention of parties is ascertained 200	162

Collateral writings when may enter into construction Interpretation as distinguished from construction	163

Construction of unwritten authorityWhat authority written or oral carries with it 203	164

Implied authority of auctioneer to pay duty on goods Execution of authority by agentManner of 209 210 211 214 Authority in writingConstruction ...	166

Contracts between agent and third person	167

Contracts in writing between agent and third person	168

Apt words required to bind principalMere descriptive words insufficient	169

Construction of simple contracts in writingIntention of parties	170

Rules applied to sealed and negotiable instruments less liberal	171

Extrinsic evidence to explain negotiable instrumentsConflict ing decisions	172

152	182

155	183

160	185

163	186

166	187

167	188

Construction from recitals and signature aloneIllustrative cases	189

173	190

DUTIES OBLIGATIONS AND LIABILITIES OF AGENT TO PRINCIPAL	199

Gratuitous bailees and bank directorsNegligenceDegrees of	204

Must obey instructions and act within scope of authority	210

Construction from recitals together with signatures headings marginal notes	215

Ambiguity in instrumentsParol evidence	216

1868	217

Illustrative cases in which parol evidence was excluded Cases holding that principal is liable in equity Construction of negotiable instruments as betwe...	219

Summary of most approved doctrine as to negotiable instru	220

In what matters agent must keep principal advised	223

ments	229

178	230

180	231

185	232

AcceptancesConstruction of indorsements 189	233

Undisclosed principalParol evidence to hold liable 191	234

SECTION PAGE 254 Compensation how measured Special contract Quantum meruit	241

Champerty and maintenance	243

Division of spoils the offensive ingredient	245

The commonlaw doctrine of champerty	246

Tendency of modern decisions toward a more liberal rule	247

Recovery on quantum meruit	250

No compensation when purpose of agency is illegal	252

Compensation by way of commissions	255

Gratuitous services	256

Services by members of common family	258

Compensation when agency is revoked	260

Doctrine of constructive services	262

Agents duty to seek other employment	263

No compensation after death or insanity of principalExcep tions	264

Renunciation of agency by agentRule as to compensation in case of	265

When agent abandons undertaking without just causeEntirety or divisibility of contractRule in equity	266

Application of equity rule in some of the states	268

Further as to severable and indivisible contracts	269

Agents right to reimbursementsManner of proving disburse ments	271

Agents right to be indemnified	273

Agent can not recover for illegal outlays	276

Agent may pay loss without waiting to be sued	277

Rights and remedies of employes of agents in cases of emergency Application of doctrine of agency by implication of law	279

Rights of unauthorized agent whose acts are subsequently rati fied	280

Remedies of agent against principal	282

Agents lien for compensation expenses etc	283

Possession essential to maintain lien	285

Who may exercise right of lien and against whom	286

Innkeepers lien	287

SECTION PAGE 292 Boardinghouse keepers have no commonlaw lien	288

Not essential that guest have title to property in order that lien may attach	289

For what supplies innkeeper may have lien	290

Nature of commonlaw lienRemedies thereunder	291

CHAPTER VIII	293

Private agent owes duty to principal only	295

General presumption that agent intended to bind principal How agent may render himself personally liable	296

Where principal is undisclosed	298

Contract by agent in behalf of nonexisting principal	301

Unincorporated associations clubs and meetings	303

Nature of action against agent in such case	304

Nature of liability of agent acting without authority	306

Agent not liable when third party knew factsDeath of prin cipalFraudulent misrepresentation of authority	307

Liability of agent for money had and received	308

Unauthorized agent not liable if principal would not have been liable	309

For Torts 312 Agents liability for torts generally	311

No defense that principal is also liable	313

Agents liability for fraud in executing principals contract	314

Agents liability for conversion	315

Agents liability on implied warranty of authority	316

No defense that agent received no benefit or acted under in structions	317

Agent of foreign principalFormer and modern rules	318

Purpose of this chapter	319

Qualification of doctrine of liability of undisclosed principal English and American cases	333

Further exceptionElection by third party	336

How question of election determined	337

Additional exceptionUndisclosed principal can not be made liable on sealed instruments	338

Liability of Principal for Agents Torts 335 Doctrine of identity the basis of principals liability	339

Principal liable for wrongful acts of agent done in course of employment	340

Liability for agents negligence	341

Sealed instrumentsHow must be executed to bind principal Illustrative cases	342

Relation of principal and agent or master and servant must exist at time tort is committed	344

Rule is applicable to corporations	346

Liability of principal for fraud of agent	347

Whether it is necessary that fraud should be for principals benefit	349

Elements requisite to bind principal	350

English doctrine adopted by federal courts	351

Principal not liable when act was result of collusion between agent and third party 350 When principal bound by admissions of agent	353

When act is within res gestae	354

Agents statements need not have been made at precise moment of occurrence of act to be of res gestae 353 Declarations of agent not admissible until ...	355

Principal bound by notice to agent	356

Notice must have been received by agent in course of agency Exceptions 356 When principal not bound by notice to agent	357

Principal bound by knowledge actually in agents mind at time of transaction	358

Rule applies to corporations 359 Notice to subagent 360 Liability of mercantile agencies for injuries resulting from false reports	359

Principal not criminally liable for crimes of agent	360

May be liable civilly for agents crimes	362

CHAPTER X	364

Under code provisions real party in interest must sueExcep tions	367

Agents right subordinated to that of principal except when ben eficially interestedAuthority coupled with interest	369

Instruments payable to cashier of bank etc	371

Undisclosed principalIndorsement in blank Defenses by third party	374

Suit by principal who has represented himself as agent for an other	375

SECTION PAGE	375

Sealed instruments	380

Money paid by mistake	381

Distinction drawn between money and other property	386

Conversion of principals property by third party	392

Admission to practice generallyTest oaths	398

353	399

SECTION PAGE 397 Educational qualificationExaminationDiploma	401

Moral character	407

Qualification as to age	408

Qualification as to sexCases holding women ineligible	409

Enabling statutesCases holding women eligible under common law	416

Race residence and citizenship	419

Requirement to serve clerkship	420

Nonresident attorneys	421

Mandamus to compel admission etc	422

License to practice	423

Duty of attorney to court	424

Further as to disbarment of attorneys	426

Practice in disbarment proceedings	427

Defenses	428

Review of proceedings	429

Attorneys Relation to His Client 415 In generalThe retainer	431

Right of attorney to appearBy whom how and when may be questioned	432

How far party bound by act of attorney	434

Duty of attorney to clientFidelityConfidential communica tions	435

Duty to exercise skill care etc Liability for negligence	436

Further as to attorneys liability for negligence	438

Duty of attorney to obey instructions	441

Compensation of agentClassification	442

Clients obligations to attorneyCompensation	443

Taxation of costsAttorneys bill	446

Further as to fees of attorneys	447

CHAPTER VII	451

The statute of fraudsDuty of auctioneer	452

Conduct of sale	453

SECTION PAGE 429 Nature of the contract of auction saleAre separately accepted bids separate sales?	460

354	463

Rights and liabilities of purchaser and seller	467

Duties and liabilities of auctioneer to the vendor	470

Duties and liabilities of auctioneer to purchaser	471

Duties and liabilities of auctioneer to third persons	472

Duties and liabilities of vendor to auctioneerCompensation	473

CHAPTER XIII	474

Bank president	476

The cashier	477

Tellers	479

Liability of bank for acts of officers	480

Liability of third persons to bank on contracts made with officer	481

CHAPTER XIV	482

Duty of broker to principal	484

Principals obligations to brokerCompensation reimburse ment etc	486

Brokers remedies against principal	488

Liability of principal to third parties	489

Bought and sold notes	492

Liability for torts	494

CHAPTER XV	495

Factors authorityHow conferred and exercised	497

DUTIES OBLIGATIONS AND LIABILITIES OF PRINCIPAL TO AGENT	498

Factors obligations to principal	500

Obligation of principal to factor	502

Rights of factor as to third parties	503

SECTION PAGE 454 Rights of principal as to third parties	504

DUTIES OBLIGATIONS AND LIABILITIES OF THIRD PERSONS TO AGENT AND TO PRINCIPAL AND RIGHTS OF AGENT AND PRINCIPA...	505

356	506

Rights of third parties as to principal and factor	507

CHAPTER XVI	512

358	514

360	515

362	516

367	519

369	520

Liability of insurance agent to his principal	521

Liability of insurer to agent	523

CHAPTER XVII	525

Commercial travelers or drummers	527

Pedlers and hawkers	531

Sales of goods by drummers and other agentsStatute of frauds	533

CHAPTER XVIII	538

Classification of officers according to nature of duties	540

Ministerial officers	542

371	544

Judicial and quasijudicial officers	545

Executive and legislative officers	548

CHAPTER XIX	550

The relation of master and servant	552

Duties Obligations and Liabilities of Master to Servant SECTION PAGE 475 Duty to furnish employment	554

Duty to compensate servant	557

Masters obligation to furnish medical and surgical aid to serv ant	563

Liability of master to servant for negligence of fellow servant	565

374	574

Masters liability for employment and retention of incompetent coservants	575

Viceprincipal and superior agent or servant	578

Statutory enactments	582

Duty to promulgate rules and regulations and to give warning to employesDuty of inspection	585

Liability of Master to Third Persons for Acts of Servant 484 In general	590

Masters liability for servants negligenceScope of employment Contributory negligenceProximate cause	592

Masters liability for willful or wanton wrongs of servant	597

Obligations and Liabilities of Servants 487 Liability of servant to master for the servants own wrongs	598

Servants liability to third persons	601

Servants liability to fellow servants	603

APPENDIX EMPLOYERS LIABILITY ACTS I English Employers Liability Act	605

Alabama Employers Liability Act	609

Indiana Employers Liability Act	611

Massachusetts Employers Liability Act	613

Mississippi Employers Liability Act	616

New York Employers Liability Act	617

Contract with attorney to divide fees	632

377	643

Consequences of defective execution 192 196	652

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Palavras e frases frequentes

Passagens conhecidas

Página 608 - Any notice, if served by post, shall be deemed to have been served at the time -when the letter containing the same would be delivered in the ordinary course of the post...

Aparece em 569 livros desde 1807-2007

Página 366 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.

Aparece em 377 livros desde 1850-1999

Página 608 - But no notice given under the provisions of this section shall be deemed to be invalid or insufficient solely by reason of any inaccuracy in stating the time, place or cause of the injury, provided it is shown that there was no intention to mislead and that the party entitled to notice was not in fact misled thereby.

Aparece em 172 livros desde 1852-1997

Página 508 - The powers of the agent are, prima facie, coextensive with the business intrusted to his care and will not be narrowed by limitations not communicated to the person with whom he deals.

Aparece em 136 livros desde 1846-1999

Página 608 - The notice may be served by post by letter addressed to the person on whom it is to be served, at his last known place of residence or place of business and if served by post shall be deemed to have been served at the time when the letter containing the same would be delivered in the ordinary course of the post.

Aparece em 350 livros desde 1848-2007

Página 80 - The rule of law is clear that where one by his words or conduct wilfully causes another to believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.

Aparece em 451 livros desde 1832-2000

Página 57 - This is a contract to tempt a man to transgress the law, to do that which is injurious to the community; it is void by the common law, and the reason why the common law says such contracts are void is for the public good. You shall not stipulate for iniquity. All writers upon our law agree in this, no polluted hand shall touch the pure fountains of justice.

Aparece em 83 livros desde 1799-2007

Página 586 - Contributory negligence, in its legal signification, is such an act or omission on SECOND DEPARTMENT, DECEMBER TERM, 1897. [Vol. 23. the part of a plaintiff, amounting to a want of ordinary care, as, concurring or co-operating with the negligent act of the defendant, is a proximate cause or occasion of the injury complained of.

Aparece em 86 livros desde 1861-1999

Página 598 - ... and if served by post shall be deemed to have been served at the time when the letter containing the same would have been delivered in the ordinary course of post...

Aparece em 312 livros desde 1835-2005

Página 599 - Where after the commencement of this act personal injury is caused to a workman (1) By reason of any defect in the condition of the ways, works, machinery, or plant connected with or used in the business of the employer...

Aparece em 318 livros desde 1816-1997

Informação bibliográfica

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Título	A Treatise on the Law of Agency in Contract and Tort: Including Special Chapters on Attorneys at Law, Auctioneers, Bank Officers, Brokers, Factors, Insurance Agents, Traveling Salesman, Public Agents and Officers, Master and Servant, Volume 1 A Treatise on the Law of Agency in Contract and Tort: Including Special Chapters on Attorneys at Law, Auctioneers, Bank Officers, Brokers, Factors, Insurance Agents, Traveling Salesman, Public Agents and Officers, Master and Servant, George Louis Reinhard Legal classics library
Autor	George Louis Reinhard
Editora	Bowen-Merrill Company, 1902
Original de	Universidade de Harvard
Digitalizado	30 Out 2007
Número de páginas	656 páginas

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