agency - Types of Principal 1- named principal name...

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Types of Principal 1- named principal – name disclosed by A to 3 rd party 2- disclosed principal – its presence is known by 3 rd party, but identity unknown 3- undisclosed principal – existence and identity is unknown at the time of the contract
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Effects of contract made by agent i- A and named P s. 183 and s. 179 – liability and right under the contract made by an authorised A for a named P is on P. h/ever A may be personally liable if: a) A agrees to be personally liable for the contract. S. 183 “if there is no contract to that effect…” The test is whether A had contracted in such a way as to make himself personally liable having regard to the surrounding circumstances
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Ching Yuen Tung v Bep Aketik A contracted with 3 rd party on behalf of a New York P. When 3 rd party claimed payment, A refused saying he was merely an agent. In a previous dealing between A and the 3 rd party , A acted on behalf of another but the payment was made through A ; not directly by that other party. 3 rd party assumed a similar payment practice in the present case. .
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b) A executes a deed in his own name – personally liable unless he has a PA. c) Signs a negotiable instrument in his name – no indication of doing it as agent. d) A acted beyond authority and P did not ratify it. e) Where custom of the trade imposes liability on A.
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Agency r/ship exists. S. 183 rights and liabilities under the contract belong to P not A. S. 179 – A acted within authority – P can sue and be sued. But
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agency - Types of Principal 1- named principal name...

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