Rationalising Undisclosed Agency
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Description
This book undertakes a unique enquiry into the puzzling doctrine of undisclosed agency. Following an introduction to the doctrine and those issues that its conceptual uncertainty poses for commerce, it then charts a course through the core categories of obligations: contract, equity, tort, and unjust enrichment. In each case, various theses are explored in detail in order to identify the most robust, compelling, and commercially-appropriate rationalisation of undisclosed agency. It brings much needed clarity to a complex field of private and commercial law.
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Table of Contents
1. Overview
2. The puzzle of undisclosed agency
3. The importance of conceptual certainty
4. Mercantile custom
Part Two: Contract
5. Implied contract
6. Consideration
7. Novation
8. Contractual subrogation and collateral contract
9. Other contractual mechanisms: assignment and transfer; Contracts (Rights of Third Parties) Act 1999; misrepresentation; and alter ego
10. Conclusions on contract
Part Three: Tort
11. Deceit
12. Negligence
13. Conclusions on tort
Part Four: Equity
14. Trusteeship and fiduciary duties
15. Equitable assignment
16. Proprietary estoppel
17. Conclusions on equity
Part Five: Unjust Enrichment
18. Failure of consideration
19. Discharge of the defendant's obligation
20. Conclusions on unjust enrichment
Part Six: Conclusion
21. Summary and next steps
Product details
| Published | 15 Apr 2027 |
|---|---|
| Format | Ebook (Epub & Mobi) |
| Edition | 1st |
| Pages | 400 |
| ISBN | 9781509996230 |
| Imprint | Hart Publishing |
| Series | Hart Studies in Private Law |
| Publisher | Bloomsbury Publishing |
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