Canadian Agency Law, 3rd Edition
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The ultimate authority on the law of agency in Canada
This treatise provides a comprehensive treatment of agency law in Canada, dealing with the nature, formation, and termination of agency. The author Gerald Fridman, well-renowned for his expertise in this area of law, pinpoints the most important topic areas and isolates the most relevant jurisprudence in the law of agency.
How the book will assist you
- In drafting solid agency contracts that avert future uncertainty and conflict
- Explains the role of agents in the context of corporations, partnerships, the Crown and other business structures
- Demonstrates how agents can both use and misuse their authority, how agents can properly protect their rights so that they can properly carry out their business
- Explains how to limit the authority of agents so that they cannot bind principals to unintended contractual obligations
- National treatment – reviews the law of agency across Canada
- Table of Cases and Statutes – quick-reference tools for practitioners who want to look up a case or section and see where its principles fit with respect to the subject matter
- Case analysis – insightful and concise analysis, provides what you need to know quickly with many case law references as a starting point for further legal research
New in This Edition
- Expanded introductory discussion on the legal concept of agency
- Updated sections on: the agency relationship differentiated from other legal relationships and the established instances of agency
- Updated discussions on: the sources of the obligations of agency, the principal's duties to the agent, the agent's duties to the principal with reference to new case law, and the remedies for breach of duty with reference to new case law since 2012
- New section on bankruptcy as a cause for the termination of the agency relationship
- Updated case law and case analysis in section regarding disclosed and undisclosed principals
- Updated case law and case analysis regarding the disposition of property by an agent and rights of the principal against an agent and third parties with respect to property
- Updated case law and case analysis regarding the liability of principals to third parties and the liabilities of agents to third parties
- Update to case law in chapter regarding criminal liability of principals or agents
- Updated case law and case analysis regarding the admissibility of an agent's admission based on the agent's knowledge of the principal's conduct or state of mind, and whether knowledge that comes to the attention of an agent by notice or otherwise is automatically held to be known by the principal
- Updates to case law since 2012 in chapter on business corporations and agency
- Updated case law and case analysis regarding agency and partnerships, specifically on agents and partners, applicable agency principles, and fiduciary duty of partners
- Revised section on agency involving diverse jurisdictions
Who Should Read This Book?
- Lawyers – a must-have reference source for any lawyer representing clients in agency relationships, and also for any lawyer who has acted as an agent in areas of contracts, torts, insurance, real estate, trade & commerce, and entertainment & sports
- Judges – for years, judges have relied on the author's sound legal analysis of agency relationships, and have frequently cited his work in their decisions
- Law Libraries – this book represents a definitive treatise on the law of agency in Canada, and provides a valuable reference source which both law students and faculty will find immensely useful in their research
- Non-lawyer agents – of interest to persons who find themselves acting as an agent, including brokers (insurance, stock, etc), estate agents, those acting under a power of attorney, etc.
Table of contents
Chapter 1: Defining Agency
Chapter 2: Creating an Agency Relationship
Chapter 3: An Agent's Authority
Chapter 4: The Obligations of Agency
Chapter 5: The Termination of Agency
Chapter 6: Contracts
Chapter 7: Property
Chapter 8: Torts
Chapter 9: Crimes
Chapter 10: Evidence
Chapter 11: Business Corporations
Chapter 12: Partnership
Chapter 13: Bills of Exchange
Chapter 14: Conflict of Laws