Explain the Ways in Which the Contract of Agency May Be Terminated.
Autor: Jebin Philip • February 24, 2015 • Coursework • 913 Words (4 Pages) • 1,151 Views
The contract of agency may be terminated at any time as the relationship between the agent and principal has broken.
The Following are the ways in which it can be terminated:
Termination by the agent or principal , if both agent and principal agree to terminate the relation with agency but it is applicable in some situations like partnership, be-cause it will ineffective until and unless it is conveyed to the third party about ter-mination. Principal can also try to terminate agency if it is possible within the agreement by notifying the third party. But if this is not permitted by the agreement then the principal will be liable for the damages. (Bernnan v Campbell’s Trustees, 1898)
Completion of transaction or expiry of time (Termination under contract), It depends on the agreement if its mentioned any particular term then the contract will in fact expire and contract will be terminated.
Mutual agreement, the contract can be terminated by mutual consent without any kind of legal obligation but it must be told to the third parties
Revocation by principal, Agent can be terminated by giving prior notice to the agent by principal but principal will be liable in damages if this a breach to the contract. Ad agency will not be terminated by principal if the agent has a procurator. Principal must compensate for any remuneration issue or other issues that exist and it will end up as the termination occur.
Renunciation by agent, agents are entitled to renounce from agreement by refusing to act by telling the principal, that he no longer willing to act for the principal. As this this termination of agency is unilaterally by the agent so he will be liable for the damages and other losses because he didn’t full the legal agreement obligation, it is breach of the agency agreement. (Campbell v Anderson, 1829) council were heard, and the cause order to stand over for a week, the appellant forthwith paying to the respondent the costs order by the court and also the costs of the day
Frustration of the agency due to the, Death of the Agent or principal, as the agree-ment is between principal and agent as any party is dead the contract of agency will be terminated unless it is coupled with interest. If the agreement is made with inter-est then the death of principal/agent will be ignorant
Insanity of agent or principal, same as death insanity also cause the permanent termination of contract of agency. (Daily Telegraph Co. v. McLaughlin 1904) agent is en-title to claim for the remuneration for the temporary insanity of the principal
(Wink v Mortimer, 1849) “It has long been a matter of doubt whether or not a power of attorney granted while the granter was mentally capable lapsed on his or her later incapacity. The agreement of
...