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Agency.

208 Sect.

3.

Contracts

made by Agent. Unreasonable usages.

No usage, rule, or regulation which is unreasonable is binding on the principal, unless he gave the agent express or implied authority to contract with reference to it (m). And in no case can the principal be deprived of his right to enforce the contract in his own name, or be exempted from his Uability thereunder, notwithstanding that a usage, rule, or regulation purporting to have that effect was known to him at the time when the contract was made (n). Sub-Sect.

executed in

name

of

agent.

2.

Limitations on Principal's Rights and Liahilities.

A

contract under seal executed by an agent in his own name cannot be enforced by {o) or against (p) the principal, even though it is expressly stated that the agent is contracting on behalf of the principal {q).

442.

Deed

443. A principal is not liable upon any bill of exchange, cheque, or promissory note, unless his name appears thereon (r). But his signature may be written by the, hand of an agent (s), and in determining whether any signature is that of the principal, or of the agent in his personal capacity, the construction most favourable to the validity of the instrument is adopted {t). Where the agent signs the instrument in his principal's name, the principal is liable {a), except in the case of a bill drawn upon the agent, in which case the principal cannot be liable as acceptor (6), even if the agent accepts it in the principal's name and by his authority (c). Where the agent signs the instrument in his own name, the Instrument signed in principal is not liable {d), unless the agent's signature purports agent's name. to be made on the principal's behalf (e). But in the case of a bill drawn upon the principal, the principal is liable, though the agent accepts in his own name (/). Business Where the principal carries on a trade or business in the agent's Bills of

exchange

etc.

carried on in agent's name.

(m) Sweeting (n)

Langton

(o)

Schack

{p)

v.

v.

Pearce (1859), 7 C. B. (n. s.) 449. Waite (1868), L. E. 6 Eq. 165.

V. Aritliomj (1813), 1

Re International Contract

M. &

S. 573.

Co., Pichering^s

Claim (1871), 6

Cli.

App. 525;

Lowe (1868), L. E. 4 C. P. 26. Berkeley v. Hardy (1826), 8 D. & E. (k.

Torrington v.

b.) 102. The Conveyancing and Law (7) of Property Act, 1881 (44 & 45 Vict. c. 41), s. 46, provides that any instrument executed in pursuance of a power of attorney by the donee of such power of attorney in his own name shall be as effectual in law to all intents as if it had been executed in the name of the donor. But this only applies where the donee has authority to contract in his own name, and qucere whether this excludes the operation of the general rule stated above. See, further, (r) Bills of Exchange Act, 1882 (45 & 46 Vict. c. 61), s. 23. title

Bills of Exchange etc.

Ibid. Lhid. (a) Ibid. (b) Ibid. (s)

ss. 25, 26.

{t)

s.

26

(2).

ss. 25, 26. s.

17.

&

Ad. 114; Steele v. M'Kinlay Polhill v. Walter (1832), 3 B. (1880), 5 App. Cas. 754. (d) Bills of Exchange Act, 1882 (45 & 46 Yict. c. 61), s. 26 (1); Ducarrey V. Gill (1830), Mood. & M. 450. (e) Bills of Exchange A.ct, 1882 (45 & 46 Yict. c. 61), s. 26 (1) ; Alexander v. Sizer (1869), L. E. 4 Exch. 102. (c)

Compare

(/) Lindus

M. & W. 877

Bradiuell (1848), 5 C. B. 583; Jenkins v. Morris (1847), T. 822. Okell v. Charles (1876), 34

v.

L

16