Page:Halsbury Laws of England v1 1907.pdf/375

 —— Part

III.

Classes of Agents.

153

A broker is a mercantile agent who in the ordinary course of his business is employed to make contracts for the purchase or sale of property or goods of which he is not intrusted with the possession documents

or

of title {k).

I'aet hi.

Classes of Agents. Brokers.

An

insurance agent or insurance broker is employed to negotiate insurance and effect policies of insurance (/). agents. A del credere agent is one who, usually for extra remuneration, Del credere undertakes to indemnify his employer against loss arising from the agent, failure of persons with whom he contracts to carry out their conA del credere agency may be implied from facts showing tracts that the agent was charging an additional commission for risk {li). Such an agent need not be appointed in writing (o), the agreement not being an agreement to answer for the debt, default, or miscarriage of another within the meaning of the Statute of Frauds (j)). An auctioneer is an agent who is employed to sell at a public Auctioneers, auction. He may be agent for both seller and buyer, and may or may not be intrusted with possession of the goods or property to be sold or of the documents of title thereto {q). In addition to the classes already mentioned, there are numerous other classes of agents, which are treated of in other parts of this.

work

(/•).

Part

IV.

— Formation

of the

Contract of

Agency. Sect.

1.

In General.

338. The contract of agency is created by the express or implied assent of principal and agent (s), or by ratification by the principal of the agent's acts done on his behalf t). Express agency is created where the principal, or some person (7c) Jansseu v. Qreen (1767), 4 Burr. 2103 MUford v. Hughes (1846), 16 M. & W. 174; Foster v. Pearson (1835), 1 C. M. & E. 849; Baring v. Corrie (1818), 2 B._& Aid. 137, Stevens v. Biller (1883), 25 Ch. D. 31. [1] See title iNSUEAisrcE. Eor form of appointment, see Encyclopaedia

Forms, Vol. I., p. 340. {m) Morris v. Cleashij (1816), 4 M. & S. 566 Grove v. Diihois (1786), 1 Term Eep. 112 Flornh./ v. Lacij (1817), 6 M. & S. 166. For form of appointment, see Enclyclopsedia of Forms, Vol. L, p. 297. {n) Shaiu v. Woodcock (1827), 7 B. & C. 73. (o) Couturier v. Hastie (1852), 8 Exch. 40 Sutton & Co. v. Greij, [1894] 1 Q. B. 285 Wickham y. Wickliam (1855), 2 K. & J. 478, 487. {p) 29 Car. 2, c. 3, s. 4.

of







^



{q)

See title Auction and Aijctioneers. See the titles Bankers and Banking;

Husband and Wiee Infants Master and Servant Partnership Patents and Inventions Public Authorities and Public Oeficers and Constitutional Law (for public agents) Shipping and Navigation (for shipmasters etc.) Solicitors Stock Exchange (for stockbrokers). (s) Pole V. Leash (1863), 33 L. J. (CH.) 155 Love v. Mack (1905), 93 L. T. (r)



















3o2



{t)

Re Consort Deep Level Gold Mines, Ltd., [1897] 1 Ch. 575. Markivick v. Hardingham (1880), 15 Ch. D. 339. See pp. 173

et seq.,

post.

How

created,