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Vol 23 No 5 May/June 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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The Unauthorised Agent: Perspectives from European and Comparative Law

Edited by: Danny Busch, Laura J. Macgregor

ISBN13: 9781107411333
Published: October 2012
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 2009)
Price: £45.99
Hardback edition , ISBN13 9780521863889

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The focus of this 2009 book, the legal situation created when an agent acts without authority, is one of the most important issues in agency law. The analysis is divided into three sections: apparent authority, ratification and the liability of the falsus procurator. Adopting a unique comparative perspective, the contributions are drawn from many different legal systems, providing the opportunity for analysis of the European common law/civil law divide. The analysis extends beyond Europe, however, taking into account the mixed legal system of South Africa, as well as the United States. Finally, there is a useful consideration of the Principles of European Contract Law and the UNIDROIT Principles of International Commercial Contracts 2004. This study will be an invaluable guide for those interested in the study of comparative law, international practitioners and those interested in the harmonisation of European Private Law.

Commercial Law
1. Introduction Danny Busch and Laura Macgregor

Part I. The Civilian Legal Systems:
2. French law Severine Saintier
3. Belgian law Ilse Samoy
4. German law Martin Schmidt-Kessel and Ana Baide
5. Dutch law Danny Busch

Part II. The Common Law:
6. English law Cheng-Han Tan
7. The US restatement (third) on agency law Deborah De Mott
8. Unauthorised agency, the American restatements and other common law countries Francis Reynolds

Part III. Mixed Legal Systems:
9. Scots law Laura Macgregor
10. South African law David Yuill

Part IV. International 'Codes':
11. The principles of European contract law Danny Busch
12. The UNIDROIT principles of international commercial contracts Danny Busch

Part V. Conclusions:
13. Comparative evaluation Danny Busch and Laura Macgregor
14. Comparative conclusions Danny Busch and Laura Macgregor.