Full Description
This Research Handbook reaffirms agency law as a coherent body of law that governs consensual relationships in which one person has power to act with legal consequences for another person. The book explores how agency law and vicarious liability are related to but distinct from other subjects within private law, including contract and tort law.
Written by leading experts, the chapters provide novel coverage of significant and recurrent issues regarding legal agents and intermediaries in a general context, such as policy underpinnings and authority and boundaries. Contributors situate legal agency as a central orienting point to examine a range of intermediaries within distinct markets including securities, insurance, and visual art. Incorporating analyses of recent and leading cases, they identify similarities and differences between various approaches. They investigate the policy considerations underlying legal doctrines relating to agency and intermediaries, and address liability for wrongs committed by agents.
This Research Handbook on Agency and Intermediation is a crucial resource for academics, researchers and students specializing in private and commercial law, as well as corporate law and governance, and business law. Lawyers and litigators in commercial practice and specialists in securities and visual art will also benefit from its valuable insights.
Contents
Contents
PART I INTRODUCTION
1 Introduction 2
Deborah A. DeMott and Tan Cheng Han
2 An overview of agency doctrine 16
Deborah A. DeMott and Tan Cheng Han
PART II CORE AREAS OF DOCTRINE
3 Some problems about principals 33
Francis Reynolds
4 Policy underpinnings of the law of agency 51
Tan Cheng Han
5 Authority and legal powers in the law of agency 69
James Penner
6 Forfeiture of an agent's commission for breach of duty: a Scottish perspective 86
Laura Macgregor
7 When do agents have a privilege and even a duty not to follow instructions? 112
Peter Watts
PART III MARKETS AND THEIR INTERMEDIARIES
8 Advisors as agents 130
Arthur B. Laby
9 Retail investors and capital markets intermediation 153
James Fallows Tierney
10 If they cry? Agency costs and opportunistic sales practices by securities professionals 176
Donald C. Langevoort
11 The changing notions of financial intermediaries as agents: the role of regulatory governance in the UK 197
Iris H-Y Chiu
12 Independent expert body?: a case study of FINRA's self-regulatory role 219
James A. Fanto
13 The art dealer as intermediary 242
William E. Foster and Anna Nolan-Wheatley
14 When sleepers awake: sellers' regret and art-market intermediaries 267
Deborah A. DeMott
15 Insurance as asset management 288
Colleen Honigsberg and Edwin Hu
PART IV VICARIOUS LIABILITY
16 A principal's liability for the wrongful acts of its agents 309
Rachel Leow
17 Vicarious liability: a systems-managerial approac 334
Christian Witting
18 Attribution and aggregation: problems in criminal agency liability 359
Samuel W. Buell
19 Theories of principal tort liability in the U.S. Supreme Court 372
Daniel Harris
PART V FIRMS AND THEIR BOUNDARIES: INTERNAL AND EXTERNAL AGENCY RELATIONSHIPS
20 Cross-selling gatekeepers 392
Omari Scott Simmons
21 Commercial agency and the sale of goods: unnecessary complications 419
Howard Bennett
22 Intermediaries: the data linchpins of human rights due diligence 440
Lisa Hsin and Ernest Lim
23 The liability of Internet platform intermediaries 460
Daniel Seng
