It arises when the agent concludes a contract in the name of the principal, but has no authority at all, when he exceeds his authority or when the agent's authority has ended at the time of the conclusion of the contract. Laura macgregor, 'unauthorised Agency in Scots Law ' in Danny busch, laura. Macgregor (ed.) The Unauthorised Agent (Cambridge University Press 2009) 261-99 Abstract: In the Introduction to this book, scots and south African law were described as mixed legal systems: the product of civilian foundations overlaid by later common law influence. Agency law in Scotland reflects this mixed nature. The first major source of Scots agency law is the body of work produced by the Scottish institutional writers, whose works are considered to be an actual source of law. The most notable of those writers, james Dalrymple, dissertation viscount Stair, writing in the latter half of the seventeenth century, analysed the law of mandate in his Institutions. Throughout his title he makes frequent reference to roman law, principally the digest and Institutes. It is not surprising, therefore, that some of the solutions found there have a distinctly civilian flavour. Another institutional writer, george joseph Bell, who produced the first edition of his book on what we would now call commercial law between 18, developed those early principles of mandate into a body of law which more clearly resembles modern agency law.
Smits (ed.) Elgar Encyclopedia of Comparative law (Edward Elgar Publishing 2012) 37-64 laura macgregor, 'national Report for Scotland ' in Ewoud Hondius, hans Christoph Grigoleit (ed.) Unexpected Circumstances in European Contract Law (Cambridge University Press 2011) laura macgregor, danny busch, 'comparative law evaluation '. In addition, as set out in the introductory chapter, we highlight the areas where the common core is deficient. To the extent that the common core is lacking, we suggest which approach is part ii we devote some attention to the nature and general effect resume of unauthorised agency. Afterwards, we turn to the main exceptions to the general effect of unauthorised agency: apparent authority (III) and ratification (IV). In part v a treatment of the liability of the falsus procurator is provided. Part vi contains a treatment of the interrelationship between apparent authority, ratification and the liability of the falsus procurator. Parts vii and viii each elaborate on special cases which can be associated with unauthorised agency, namely, acting in the name of a principal yet to be named and acting in the name of a company yet to be incorporated. Unauthorised agencyIn the legal systems studied, unauthorised agency arises in a wide variety of cases.
The availability of unjustified enrichment remedies in this type of situation has been a vexed question, not only in Scots law, but in many other jurisdictions. This article looks at the Scottish approach to the availability of enrichment remedies and also at the related question of whether it is possible for title to goods to pass under an illegal contract. The focus thereafter lies on options for reform, and, in particular, the use of legislative discretion. Hector Macqueen, laura macgregor, 'specific Implement, Interdict and Contractual Performance (1999 Edinburgh Law review, vol 3, pp 239-46 laura macgregor, Charlotte villiers, 'independence of Auditors: Comparing Spain and the uk (1998 european Business Law review, vol 9, pp 318-25 laura macgregor, 'a statutory right. Macgregor uses the fuller-Perdue model to consider Scottish decisions in this area of law. Her detailed analysis shows that Scottish courts have given more explicit recognition to expectation interest than to the other two factors and she argues that Scots law of contract might benefit if the courts were to show greater awareness of the place of reliance and. Chapters laura macgregor, 'the role of agency in Scottish partnerships ' in Andrew Steven, john MacLeod, ross Anderson (ed.) Nothing so Practical as a good Theory (avizandum Publishing Ltd 2017) 88-101 laura macgregor, 'the agent's warranty of authority recent developments in the uk'. Green 2016) 63-96 laura macgregor, unwelcome Knowledge' imputation of the Agent's Knowledge in the Pre-contractual Phase of Insurance' in Danny busch, laura macgregor, peter Watts (ed.) Agency law in Commercial Practice (Oxford University Press 2016) 201-221 laura macgregor, 'defining Agency and Its Scope i '. Verhagen, 'agency and Representation ' in Jan.
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Articles laura macgregor, 'crossing the line between Business Common Sense and Perceived fairness in Contractual Interpretation (2015 Edinburgh Law review, vol 19, pp 378-383 laura macgregor, 'english and European Perspectives on Contract and Commercial Law. Essays in Honour of Hugh beale. Eds louise gullifer and Stefan Vogenauer (2015 Edinburgh Law review, vol 19, pp 440-442 laura macgregor, 'comparative commercial Contracts, law, culture, and Economic development (2015 banking and Finance law review, vol 31, pp 225-230 laura macgregor, 'moors the pity: The case of the missing Grouse. Whitty, 'payment of Another's Debt, Unjustified Enrichment and ad hoc Agency (2011 Edinburgh Law review, vol 15, pp 57-87 laura macgregor, 'exploring Contract Law. Ed by jason w neyers (2011 Edinburgh Law review, vol 15, pp 151-53 laura macgregor, 'apparent Authority in Agency: Gregor Homes v emlick (2011 Edinburgh Law review, vol 15, pp 442-48 laura macgregor, 'acting on Behalf of a non-existent Principal (2010 Edinburgh Law review, vol. Broadly speaking, the project concerned the problems caused by agents agent who act in an unauthorized manner and the legal concepts used to tackle those problems. These issues are analysed in the context of different national legal systems within the european Union and beyond.
Drawing on the national chapters, the authors provide a detailed comparative analysis. Within this context, they assess whether a common law/civil law divide exists, and also analyse the contribution made by mixed legal systems. Finally, the book assesses the approach of international instruments such as the Principles of European Contract Law (pecl) and the Unidroit Principles of International Commercial Contracts. Laura macgregor, 'compensation for Commercial Agents: An End to Plucking Figures from the air? (2008 Edinburgh Law review, vol 12, pp 86-93 laura macgregor, 'reinhard Zimmermann, The new German Law of Obligations: Historical and Comparative perspectives (2007 Edinburgh Law review, vol 11, pp 455-57 laura macgregor, danny busch, 'apparent Authority in Scots Law: Some International Perspectives (2007 Edinburgh Law. The contract may, however, have been partially performed. For example, one contracting party may have delivered goods and received no payment from the other contracting party.
The analysis extends beyond Europe, however, taking into account the mixed legal system of south Africa, as well as the United States. Finally, there is a useful consideration of the Principles of European Contract Law and the unidroit principles of International Commercial Contracts 2004. This study will be an invaluable guide for those interested in the study of comparative law, international practitioners and those interested in the harmonisation of European Private law. Laura macgregor, report Prepared for the civil division of the Scottish government on the document Known as Principles, definitions and Model Rules of European Private law (dcfr), (Scottish government, 2008 abstract: This report considers the dcfr from the perspective of Scots law, focussing on its. Different sections of the report assess the role and function of the dcfr from the perspective of firstly of consumers and secondly of businesses.
Laura macgregor, report on the Draft Common Frame of Reference : a report prepared for the Scottish government by laura macgregor, University of Edinburgh, on the document known as 'Principles, definitions and Model Rules of European Private law', (Scottish government, 2008) Abstract: This report considers the. An executive summary is also provided. Laura macgregor, Fraser davidson, commercial Law in Scotland, (W. Green, 2008) laura macgregor, Fraser davidson, commercial Law in Scotland, (W. Green, 2003) Abstract: Commercial Law in Scotland is a clear and up-to-date, user-friendly guide to the subject of commercial law as it operates in Scotland. Laura macgregor, tony Prosser, Charlotte villers, regulation and Markets beyond 2000, (Ashgate publishing, 2000) Abstract: developments of technologies in transport and communications have resulted in new regulatory systems, techniques and institutions. This book seeks to provide the reader with an overview of these regulatory mechanisms by presenting them in their contexts and identifying links between them.
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Green, 2014 laura macgregor, The law of Agency in Scotland, (W. Green, 2013 gillian Black, david Cabrelli, martin Hogg, laura macgregor, contract Law Update, (Trinity law, 2012). Abstract: This is the second edition of 'contract Law Update a text aimed at providing summaries and analysis paper of major contract cases from Scottish and English law. The cases discussed include coverage of: - pre-contractual liability restaurant - formation of contract - incorporation of terms - contractual interpretation - implication of terms - unfair terms - remedies for breach of contract - contract and unilateral promise - contract and unjustified enrichment - the. Danny busch, laura macgregor, The Unauthorised Agent : Perspectives from European and Comparative law, (Cambridge University Press, 2009 abstract: The focus of this book, the legal situation created when an agent acts without authority, is one of the most important issues in agency law. The analysis is divided into three sections: apparent authority, ratification and the liability of the falsus procurator. Adopting a unique comparative perspective, the contributions are drawn from many different legal systems, providing the opportunity for analysis of the european common law/civil law divide.
Further information can be found at /dsg/common-core/. Laura retains strong links with the legal profession and is heavily involved in the provision of cpd training to Scottish law firms. . For the last three years she has designed and delivered training on the law of contract to Scottish Sheriffs through the judicial Institute. Books and Reports, laura macgregor, Fraser. Davidson, denis Garrity, lorna richardson, commercial Law in Scotland, essay (W. Green, 2016 laura macgregor, danny busch, peter Watts, Agency law in Commercial Practice, (Oxford University Press, 2016). Laura macgregor, Fraser. Davidson, commercial Law in Scotland, (W.
University Press. In July 2013 her monograph, Agency law in Scotland, was published by w green (isbn ). Laura is involved in several projects which focus on the study of European private law. She is Director of the Edinburgh Centre for Commercial Law. This is a research centre which aims to build stronger links between academia and the various parts of the legal community in Scotland. . The blog for the centre can be found here: /ecclblog/. Collaborative activity, laura is involved in several projects which focus on the study of European private law. Together with david Cabrelli, edinburgh Law School, and jaap baaij, University of Amsterdam, she is editing a project on interpretation of commercial contracts as part of the common core of European Private law project. .
All the essays are independent and express essay the views of the authors in their own words. Biography, laura macgregor holds the chair of Commercial Contract Law and was formerly visiting Professor in International Commercial Law, radboud University, nijmegen. . Before joining Edinburgh Law School, laura spent five years as a lecturer at the University of Glasgow. . Before becoming an academic laura spent several years as a solicitor in practice with a major Scottish law firm in Edinburgh. Supervision interests, she welcomes PhD enquiries which relate generally to her fields of interest. In particular she would be interested in supervising research into agency law or contract law within Europe. Research Interests, laura's interests lie in the field of commercial law, specifically contract law, agency law and partnership. .
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The giving Green Paper sets out the good governments initial ideas for building a stronger culture of giving time and money to start a national debate on our societys attitude to giving. This is not a conventional green paper. We want it to embody a collective approach to building culture change so it is written from a variety of perspectives. In addition to our own proposals and announcements, we have highlighted many ideas from outside of government. Taken together, the ideas and examples in this paper highlight the huge amount of innovative and creative activity going on across the country to stimulate social action. As part of the green paper process, we asked a number of respected leaders and thinkers from a wide range of fields to share their thoughts on the subject of giving. The essays cover a wide range of topics from practical issues such as the role of venture philanthropy and how to make better use of technology, to more philosophical perspectives such as the role of giving in increasing well-being. These essays are intended to be thought provoking and spark wider discussions about giving.