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Vol 24 No 12 Dec 19/Jan 20

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Merkin and Flannery on the Arbitration Act 1996

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Commercial Agency Agreements: Law and Practice 5th ed

ISBN13: 9781526511874
Previous Edition ISBN: 9781780434834
To be Published: February 2020
Publisher: Bloomsbury Professional
Country of Publication: UK
Format: Hardback
Price: £165.00

Examines the standard commercial agency agreement where an agent is self-employed and paid a commission on sales he or she generates for the principal as it is those agents that fall within the Regulations. It addresses the drafting of such agreements as well as termination and compensation and includes examples of agency contracts and coverage of the majority of UK judgments.

The fifth edition has been updated to include:

    Ramsay v Typhoo Tea 2016
    Software Incubator 2016 and application of the agency regulations to agency contracts
    Monk v Largo 2016 Invicta v International Brands 2013
    Medsted Associates Ltd v Canaccord Genuity Wealth (International) Ltd (2119 Court of Appeal) relating to secret commissions and fiduciary duties of agents
    W. Nagel (a Firm) v Pluczenik Diamond Company NV 2018 Court of Appeal - about "commodity exchanges" and the agency regulations
    Agro Foreign Trade & Agency Ltd v Petersime NV (2017 CJEU) Choice of law issues - Belgium and Turkey
    One Money Mail Ltd. v (1) Ria Financial Services (2) Sebastian Wasilewski (Court of Appeal) - 2015 post termination restrictions on agents
    Brand Studio Ltd. v St. John Knits, Inc 2015 ( indemnity and compensation clauses)
    Bailey v Angove's Pty Limited [2016] Authority of agents to recover debts (Supreme Court decision)

Commercial Law
Chapter 1. Introduction and definitions
Chapter 2. Duties of the agent and principal – choosing and using an agent
Chapter 3. Competition law and agency agreements
Chapter 4. Commission and other payments
Chapter 5. Monitoring and terminating an agency agreement
Chapter 6. Compensation, indemnities and litigation
Chapter 7. Valuations of Commercial Agents
Chapter 8. Foreign agency arrangements
Appendix. UK commercial agency laws and materials
Appendix. Transcript of judgments
Appendix. Sample agency agreements