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Download Table of Cases (3399 KB)

Download Part I, Chapter I: Definition and Nature of the Relation (10513 KB)

Download Part I, Chapter II: The Parties to the Relation (5086 KB)

Download Part I, Chapter III: The Purposes of the Relation (7477 KB)

Download Part I, Chapter IV: Creation of the Relation (30756 KB)

Download Part I, Chapter V: Termination of the Relation (13762 KB)

Download Part II, Chapter I: Nature and Extent (25990 KB)

Download Part II, Chapter II: Construction of the Authority (3920 KB)

Download Part II, Chapter III: Execution of the Authority (13288 KB)

Download Part II, Chapter IV: Delegation of the Authority (9234 KB)

Download Part III, Chapter I: Duties and Liabilities of the Agent to His Principal (13191 KB)

Download Part III, Chapter II: Duties and Liabilities of Principal to Agent (6448 KB)

Download Part III, Chapter III: Liability of the Agent to the Third Person (7966 KB)

Download Part III, Chapter IV: Liability of Third Person to the Agent (3028 KB)

Download Part III, Chapter V: Liability of Principal to Third Person (10455 KB)

Download Part III, Chapter VI: Liability of the Third Person to the Principal (7427 KB)

Download Part IV, Chapter I: The Form (2988 KB)

Download Part IV, Chapters II & III: The Parties to the Action & Evidence of the Agency (11359 KB)

Download Part IV, Chapter IV: Trial - Province of Court and Jury (1480 KB)

Download Part IV, Chapter V: Judgment and Damages (1168 KB)

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Description

It is a striking proof of the fact that Agency is a modern subject in the law that Blackstone, in his Commentaries on the Laws of England, does not mention the subject by name, and barely makes a four-line reference to one sort of agent in his classification of servants. The old ca~es do, of course, sometimes deal with pure agency questions, but the agent is usually referred to as a servant or a factor, and the questions in issue are generally settled upon some principle of the law of Master and Servant. Agency is essentially a business- relation; hence its modernness, if that term may be permitted; hence, also, the singular fact that until within very few years courts treated it as a broadened service, involving wider discretion, and failed to see that its main difference from service is that it deals with a relation for a very different purpose-in other words, that the difference is in kind even more than in degree.

To an extent the law of Principal and Agent is an outgrowth of the law of Master and Servant. The doctrine of respondeat superior is most active in both. The old cases of Master and Servant are therefore in one portion of the field of Agency valuable and illuminating, and are equally valuable to illustrate either relation; but they deal to a considerable extent with questions of tort liability as to third persons, and of contract and tort between the primary parties to the relation, and these are far from being the most important parts of the law of Agency. A casebook on Agency, then, if it is well proportioned, will be made up of modern ca es far more than will a work on Property, for example, or on Contracts in general. The present work contain many early cases of hi torical importance, some involving Agency, but more turning on questions arising out of the relation of Master and Servant. Very largely, however, selections have been made from modern cases, in which the courts are dealing with real agency matters.

Publication Date

1914

Publisher

West

City

St. Paul, Minnesota

Keywords

Agency, Relationship, Master and servant, Principals, Authority, Duties, Actions, Liabilities

Disciplines

Agency | Legal Education

Cases on Principal and Agent, Selected from Decisions of English and American Courts

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