Page:Halsbury Laws of England v1 1907.pdf/452

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.

Agency.

230 Sect.

2.

Irrevocable

Au thority,

Agency

for fixed term.

pursuance of the power will prevail over any act of the donor without the concurrence of the donee, and notwithstanding the

in

donor's death, lunacy, unsoundness of mind, or bankruptcy and neither the donee of the power nor the purchaser will be prejudicially affected by notice of any such act of the donor or occurrence to him. And in favour of purchasers for value, powers of attorney, whether given for valuable consideration or not, expressed in the instrument creating them to be irrevocable for a fixed time, not exceeding one year from the date of the instrument, will similarly be valid and incapable of being affected by any act of or occurrence to the donor during the time expressed (p).

481.

Where an agency

is

created

for

a

time,

fixed

the

principal's right, as between himself and the agent, to terminate it before the expiration of the time agreed upon must be ascertained from the terms of the agreement and the facts of the

The taking of a bribe has been held to be good (q). ground for termination of the agency (?•), and the common defences of incompetence or negligence would avail in an action for wrongful

particular case

dismissal

(s)

Sect.

By

agreement, revocation, or renunciation.

Notice of revocation.

When authority is exercised so as to be irrevocable.

Termination by Act of Parties.

3.

cases of irrevocable authority already 482. referred to, agency can be terminated either by agreement between principal and agent, or by the principal giving notice of revocation to the agent, or by the agent renouncing his authority.

Subject

the

to

483. Notice of revocation may be given at any time before the authority is wholly exercised (t), subject to any right to damages on the part of the agent for breach of contract (a). An authority is not deemed to be exercised, so as to prevent revocation, because a preliminary step has been taken which does not bind either principal or agent for example, where an insurance broker had given instructions for a marine insurance policy and received the initialled slip, it was held, the slip not being a binding contract, that the authority to complete might be

Conveyancing Act, 1882 (45 & 46 Yict. c. 39), ss. 8, 9. Burton v. Great Northern Rail. Co. (1854), 9 Exch. 507 Aspdin v. Austin Dunn v. Sayles (1844), 5 Q. B. 685 Williamson v. Taylor (1844), 5 Q. B. 671 B. 175 Emmens v. Mderton (1853) 4 H. L. Cas. 624 Eleyy. Posi(1843), 5 tive Assurance Co. (1875), 1 Ex. D. 20 (where a solicitor was appointed by articles of association, and it was held that the articles were an agreement inter socios and not a contract with third parties). (r) Boston Deep Sea Fishing and Ice Go. v. Ansell (1888), 39 Ch. D. 339; Bu/Jield V. Fournier (1894), 11 T. L. E. 62, affirmed (1895), ibid. 282. (p) {(/)





a

(s)

See





title



Master and Servant.

V. Harrison (1858), 1 E. & E. 295 (auctioneer's authority may be revoked at any time before the fall of the hammer) Farmer v. Robinson Manser v. Back (18-18), 6 Hare, 443 Doiuard v. Wil(1805), 2 Camp. 338, n. liams (1890), 6 T. L. E. 316 Alexander v. Davis (1885), 2 T. L. E. 142; Bovine V. Dent (1904), 21 T. L. E. 82 Barrett v. Gilmour (1901), 6 Com. Cas. 72 Re (t)

Warlow











Hare and O'More, [1901] (a)

Toppin

544; Taylor

v.

1



Ch. 93

HeaJey (1863), 11

v. Caldtvell (1863), 3



Freeman

W. B.

E. 486

&

y. Fairlie (1838), 8 L. J. (CH.) 44.



S. 826,

Turner

v. Goldsmith, [1891] 1

Q. B.