Agency by ratification occurs when an agent performs an unauthorized act and the principal
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Signed in but can't access contentOxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian. Institutional account managementFor librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more. Danny Busch & Laura J. Macgregor (eds), The Unauthorised Agent, Aspects of European and Comparative Law, Cambridge University Press 2009 18 Pages Posted: 8 Aug 2018 Danny BuschRadboud University Nijmegen - Institute for Financial Law (IFR) Date Written: July 19, 2009 AbstractThis chapter concentrates on the rules with respect to unauthorised agency provided by the Principles of European Contract Law. These principles devote an entire chapter to agency (Chapter 3: Authority of Agents). The PECL are of a non-binding nature and aim to establish rules of general contract law within the European Union. The PECL provide the general rule that where an agent acts without (sufficient) authority, his acts do not bind the principal. This general rule is exempted in cases where the doctrine of apparent authority applies or where the principal subsequently ratifies the unauthorised act. In addition, the PECL provide that the third party may hold an unauthorised agent (the falsus procurator) liable for the damage which the third party has suffered as a consequence of the agent’s lack of authority. In this chapter, in II, I first examine the scope of the PECL. In III I examine the distinction made between direct and indirect agency. In IV I devote some attention to the general effect of unauthorised agency. Afterwards, I then turn to the main exceptions to the general effect of unauthorised agency: apparent authority (V) and ratification (VI). VII follows with some remarks about the liability of the falsus procurator and VIII with a treatment of the interrelationship between apparent authority, ratification and the liability of the falsus procurator. IX elaborates on a special case which can be associated with unauthorised agency, namely acting in the name of a principal yet to be named. X ends this chapter with some concluding observations. Suggested Citation: Suggested Citation Busch, Danny, Unauthorised Agency in the Principles of European Contract Law (July 19, 2009). Danny Busch & Laura J. Macgregor (eds), The Unauthorised Agent, Aspects of European and Comparative Law, Cambridge University Press 2009, Available at SSRN: https://ssrn.com/abstract=3216655 or http://dx.doi.org/10.2139/ssrn.3216655 What is agency by ratification?(Sec-196 to Sec- 200) Meaning-Ratification means approval of acts already done. When some person does some acts on behalf of another person without his knowledge or authority and such other person subsequently ratifies the acts done on his behalf.
When a principal accepts the unauthorized act of an agent it is called?Ratification. Occurs when the principal affirms, or accepts responsibility for, an agent's unauthorized act. When ratification occurs, the principal is bound to the agent's act, and the act is treated as if it had been authorized by the principal from the outset. Ratification can be either express of implied. (644).
What does the ratification of an agency relationship include quizlet?What is ratification and how does a principal approve by it? When a person who is not an agent makes a contract (so the contract is not enforceable) on behalf of the principal, and the principal accepts the contract and (enforces it) gives it legal force. This is ratification.
What is an unauthorized act?Definition. Any action that has not been authorized and approved by proper authority.
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