The Apparent Authority of the Unauthorised Agent: Kelly v Fraser

Can an agent who is not authorised to contract for a company nevertheless be clothed with ostensible authority to communicate the principal's approval? Conventional understanding of apparent authority may suggest not, for the representation as to the principal's approval may be no differen...

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Main Author: LEE, Pey Woan
Format: text
Language:English
Published: Institutional Knowledge at Singapore Management University 2014
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Online Access:https://ink.library.smu.edu.sg/sol_research/1294
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spelling sg-smu-ink.sol_research-32462014-04-29T10:31:39Z The Apparent Authority of the Unauthorised Agent: Kelly v Fraser LEE, Pey Woan Can an agent who is not authorised to contract for a company nevertheless be clothed with ostensible authority to communicate the principal's approval? Conventional understanding of apparent authority may suggest not, for the representation as to the principal's approval may be no different from the agent's self-authorisation. However, the controversial case of First Energy v Hungarian International Bank Ltd [1993] 2 Lloyd's Rep 194 ("First Energy") has held otherwise. Although the correctness of First Energy has been doubted, it has recently been unequivocally affirmed by the Privy Council in Kelly v Fraser [2012] 3 WLR 1008. This note considers how Kelly v Fraser may affect the reception of First Energy in Singapore. 2014-03-01T08:00:00Z text https://ink.library.smu.edu.sg/sol_research/1294 Research Collection Yong Pung How School Of Law eng Institutional Knowledge at Singapore Management University Asian Studies Business Organizations Law
institution Singapore Management University
building SMU Libraries
continent Asia
country Singapore
Singapore
content_provider SMU Libraries
collection InK@SMU
language English
topic Asian Studies
Business Organizations Law
spellingShingle Asian Studies
Business Organizations Law
LEE, Pey Woan
The Apparent Authority of the Unauthorised Agent: Kelly v Fraser
description Can an agent who is not authorised to contract for a company nevertheless be clothed with ostensible authority to communicate the principal's approval? Conventional understanding of apparent authority may suggest not, for the representation as to the principal's approval may be no different from the agent's self-authorisation. However, the controversial case of First Energy v Hungarian International Bank Ltd [1993] 2 Lloyd's Rep 194 ("First Energy") has held otherwise. Although the correctness of First Energy has been doubted, it has recently been unequivocally affirmed by the Privy Council in Kelly v Fraser [2012] 3 WLR 1008. This note considers how Kelly v Fraser may affect the reception of First Energy in Singapore.
format text
author LEE, Pey Woan
author_facet LEE, Pey Woan
author_sort LEE, Pey Woan
title The Apparent Authority of the Unauthorised Agent: Kelly v Fraser
title_short The Apparent Authority of the Unauthorised Agent: Kelly v Fraser
title_full The Apparent Authority of the Unauthorised Agent: Kelly v Fraser
title_fullStr The Apparent Authority of the Unauthorised Agent: Kelly v Fraser
title_full_unstemmed The Apparent Authority of the Unauthorised Agent: Kelly v Fraser
title_sort apparent authority of the unauthorised agent: kelly v fraser
publisher Institutional Knowledge at Singapore Management University
publishDate 2014
url https://ink.library.smu.edu.sg/sol_research/1294
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