Page:Halsbury Laws of England v1 1907.pdf/451

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Part XI.

Duration and Termination of Agency.

the authority not being given claims of the agent ( f).

for the

purpose

securing the

of

this rule

^^gt.

2.

Irrevocable Authority.

477. (2) Where the agent, in pursuance of his authority, has contracted a personal liability. In such case, the principal cannot revoke the authority without the agent's consent, nor can the principal's trustee in bankruptcy do so ig). An agent who has authority to receive a debt due to his principal, and to pay the same to a creditor of the principal when received, and who promises such creditor to pay him accordingly,

comes under

229

it^^^'ersonalTy ^ iHbie!^^*^^^

{Ji).

478. (3) Where liability to personal loss or suffering, though Agent liable not amounting to a legal liability, has been incurred by the agent fogg^^^^^^^ under the exercise of his authority, as, for example, by the operation of the rules of the Stock Exchange, which are binding upon the

members

(i).

of this rule are frequent in the case of betting transactions (k), and the principle of the agent's liability still affords a good example, although the Gaming Act, 1892(0, which makes payments by the agent for bets irrecoverable from his principal {m), has limited the application of the rule.

Illustrations

479. (4) Where the agent is entitled to sue on a contract and to Agent acquir^ a lien on the subject-matter. Here the right to sue is not revocable g^^jg^^ by the act or bankruptcy of the principal until the claim secured matter, by the lien is satisfied (n). But a factor's authority to sell is not irrevocable merely because he has made advances on the goods to his principal. The making of advances may, however, be a good consideration for an irrevocable authority to sell, provided there is an agreement to that effect (o) and such an agreement may be inferred from the

circumstances

(o)

480. (5) In favour of purchasers for value, powers of attorney Powers of created since December 31st, 1882, which are given for valuable ^^^o^ey. consideration and are expressed in the instrument creating them to be irrevocable, cannot be revoked by any act of the donor without the concurrence of the donee, or by the death, lunacy, unsoundness of mind, or bankruptcy of the donor and any act done by the donee

(/) Taplin v. Florence (1851), 10 C. B. 744; Chmnock v. Sainshury (1861), 30 L. J. (ch). 409 and see Frith v. Frith, [1906] A. C. 254. Walker v. Bostron (1842), 9 M. & (g) Crowfoot v. Ourney (1832), 9 Bing. 372 W. 411 Hutchinson v. Heyivorth (1838), 9 A. & E. 375 DicMnson v. Marrow (1845), 14 M. & W. 713 Griffin v. Weatherby (1868), L. E. 3 Q. B. 753. (A) Hodgson v. Anderson (1825), 3 B. & C. 842 Hamilton v. Spottisiuoode (1849), 4 Exch. 200 Metcal/y. Clough (1828), 6 L. J. (o. s.) (K. B.) 281 Yates v. Hoppe (1850), 9 0. B. 541. (/) Seymour v. Bridge (1885), 14 Q. B. I). 460. (k) Bead v. Anderson (1884), 13 Q. B. D. 779. {1} 55 Yict. c. 9. (m) Tatam v. Beeve, [1893] 1 Q. B. 44. (n) Drinkwater v. Good-win (1775), Cowp. 251 Bohson v. Kemp (1802), 4 Esp.

















233. (o)

Be Comas

Y.

Frost (1865), 3 Moo. P. C. C. (n.

(1848), 5 C. B. 895.

s.)

158; Sinart

v.

Sandars