Commercial Agency
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Commercial Agency Agreements Law And Practice
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Author : Susan Singleton
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-03-04
Commercial Agency Agreements Law And Practice written by Susan Singleton and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-04 with Law categories.
Examines the standard commercial agency agreement where an agent is self-employed and paid a commission on sales he or she generates for the principal as it is those agents that fall within the Regulations. It addresses the drafting of such agreements as well as termination and compensation and includes examples of agency contracts and coverage of the majority of UK judgments. The fifth edition has been updated to include: Ramsay v Typhoo Tea 2016 Software Incubator 2016 and application of the agency regulations to agency contracts Monk v Largo 2016 Invicta v International Brands 2013 Medsted Associates Ltd v Canaccord Genuity Wealth (International) Ltd (2119 Court of Appeal) relating to secret commissions and fiduciary duties of agents. W Nagel (a Firm) v Pluczenik Diamond Company NV 2018 Court of Appeal - about "commodity exchanges" and the agency regulations Agro Foreign Trade & Agency Ltd v Petersime NV (2017 CJEU) Choice of law issues - Belgium and Turkey. One Money Mail Ltd. v (1) Ria Financial Services (2) Sebastian Wasilewski (Court of Appeal) - 2015 post termination restrictions on agents Brand Studio Ltd. v St. John Knits, Inc 2015 ( indemnity and compensation clauses) Bailey v Angove's Pty Limited [2016] Authority of agents to recover debts (Supreme Court decision)
Commercial Agents And The Law
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Author : Séverine Saintier
language : en
Publisher: Taylor & Francis
Release Date : 2017-09-25
Commercial Agents And The Law written by Séverine Saintier and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-25 with Law categories.
Commercial Agents and the Law is a practical approach to the modern law relating to commercial agency agreements, a complete guide to the workings of the relationship between commercial agents and their principal within its domestic and European context. This book is a complete guide to the workings of the relationship between commercial agents and their principal within its domestic and European context. The common law rules governing the relationship between principal and agent were pretty well established and well understood by English lawyers when, in 1993, the Commercial Agents (Council Directive) Regulations were enacted. The 1993 Regulations implement EC Directive 86/653 on self-employed commercial agents. The 1993 Regulations, like the EC Directives, are not, however, a complete code of rules governing the relationship, so they have to co-exist with the pre-existing common law rules. Both sets of principles therefore have to be applied.
Commercial Agency Franchise And Distribution Contracts
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Author : Martijn W. Hesselink
language : en
Publisher: Walter de Gruyter
Release Date : 2009-04-27
Commercial Agency Franchise And Distribution Contracts written by Martijn W. Hesselink and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-04-27 with Law categories.
The rules presented in this volume of "Principles of European Law" deal with commercial agency, franchise and distribution contracts, and with other contracts where one party uses the other party's skill and efforts to bring its products to the market. Although these Principles are not directly applicable to other long-term (commercial) contracts, some of the Articles may be applied to such contracts by way of analogy where appropriate. The economic function of all three contracts is that they are instrumental in bringing products to the market. They are so-called vertical agreements, as they are agreements between economic actors on different levels in the production and distribution chain. Obviously, the economic importance of these contracts is enormous since they form the connection between producers and retailers who sell the products to consumers and other final users. There are only very few economic sectors where producers regularly sell their products directly to final consumer users. Goodwill compensation after the ending of a distribution contract, the moment at which the agent's commission is due, the franchisor's obligation to maintain the good reputation of the network are but a few examples of issues where specific rules are needed in order to give legal practice some guidance and to provide practitioners with a reasonable degree of legal certainty.
Agency Law In Commercial Practice
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Author : Danny Busch
language : en
Publisher: Oxford University Press
Release Date : 2016-01-28
Agency Law In Commercial Practice written by Danny Busch and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-28 with Law categories.
This book explores a range of problems in the application of agency law in commercial practice. Moving beyond the limited introductory resources currently available, it "tests" abstract agency law concepts in specific commercial contexts, with reference to jurisdictions around the world. There is an enduring commonality of concepts and principles within agency law, both within the Commonwealth and within the jurisdictions of the United States. The book's comparative approach, drawing together analysis of national and international jurisdictions, provides innovative perspectives and insights, as well as practical guidance on solving commercial problems. The book opens with a detailed introductory chapter which provides a broad overview of the agency issues arising in specific commercial contexts. The subsequent chapters are grouped thematically: company law, financial transactions and services, sale of goods; as well as agency in procedural contexts. Topics covered include the role of the director and directorial board in company law and agency law, agency in shipping law, undisclosed principal in sale of goods cases, regulation of conflicts of interest in securities transactions, poseur-agents and transactional intermediation, the operation of agency in retail financial services, the agent's warranty of authority, and power of attorney. This book is an invaluable resource on both agency theory and commercial practice.
Icc Model Contract On Commercial Agency
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Author :
language : en
Publisher:
Release Date : 2015
Icc Model Contract On Commercial Agency written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Agency (Law) categories.
International Commercial Arbitration And The Commercial Agency Directive
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Author : Jan Engelmann
language : en
Publisher: Springer
Release Date : 2017-02-07
International Commercial Arbitration And The Commercial Agency Directive written by Jan Engelmann and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-07 with Law categories.
This book investigates the tensions between EU law and international commercial arbitration, i.e. tensions between two phenomena at opposite ends of the public to private ordering continuum. It focuses on the Commercial Agents Directive’s regime for indemnity and compensation as one of the most frequent source of these tensions. To mitigate the consequential problems, the book proposes and describes a comprehensive framework for a preferable system of reviewing arbitration agreements and arbitral awards. To this end, it explores the prerequisites of this system through comparative legal analysis of the German, Belgian, French and English systems of review, an assessment of the observable aspects of arbitral practice, game theoretical analysis of the arbitral process, and microeconomic analysis of the cross-border market for commercial agency.
The European Law Of Commercial Agency
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Author : Fergus Randolph
language : en
Publisher: Hart Publishing
Release Date : 2010-09-30
The European Law Of Commercial Agency written by Fergus Randolph and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-09-30 with Law categories.
This is the third edition of the leading work on European commercial agency, by two practising lawyers who have been involved in many of the leading cases since the adoption of the European Directive on self-employed commercial agents. Since the previous edition there has been a string of important cases which have helped to clarify previously confused issues but even now some of the case law remains unsatisfactory. In this third edition of their work, Randolph and Davey have once again drawn out the consistent threads in the case law to predict the likely approach of the courts, both at UK and EU level, to those issues which still remain undecided. The approach adopted in the earlier editions of tackling difficult issues head-on and suggesting concrete answers to practitioners has once again been carried through into the third edition. As well as including references to all the relevant cases in the text, the work now includes a new chapter on the valuation of businesses by Dr Ruth Bender of the Cranfield School of Management, as well as an up-to-date version of the chapter on French law by Dr Séverine Saintier of Sheffield University and on German law by Dr Michael Reiling, Rechtsanwalt, Noerr LLP.
International Commercial Agency And Distribution Agreements
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Author : Cristelle Albaric
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2017-03-06
International Commercial Agency And Distribution Agreements written by Cristelle Albaric and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-06 with Law categories.
In this enriched new edition of a proven, indispensable practical guide to the drafting and negotiating of agency, distribution, and franchising agreements, the contributors have all updated their country reports with recent cases and commentary and an abundance of new sample clauses and other practical features. In addition, four major jurisdictions – Brazil, England, Japan, and the United States – have been added, bringing the total number of country reports to nineteen. The first edition is well known among commercial law practitioners as the preeminent hands-on guide to drafting effective distribution agreements tailored specifically to countries in which foreign direct investment is a major component of the economy. Local experts provide detailed information on specific applicable law, major current case law, drafting guidance with specific clauses, and official English versions of relevant primary material. Case law summaries clearly expose the issues from which disputes arise, – and the financial consequences of those disputes – and the practical discussion includes sample clauses designed to anticipate those issues and avoid the pitfalls to which they often lead. The enormous day-to-day usefulness of this book will be self-evident to corporate counsel and other lawyers negotiating international commercial distribution agreements. Legal scholars as well will welcome the book’s comparative study of applicable law on commercial contracts in a wide variety of national jurisdictions.
The Icc Model Commercial Agency Contract
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Author : International Chamber of Commerce
language : en
Publisher: S T A T Publishing
Release Date : 1991
The Icc Model Commercial Agency Contract written by International Chamber of Commerce and has been published by S T A T Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Agency (Law) categories.
Principles Of The Law Of Agency
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Author : Howard Bennett
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-07-18
Principles Of The Law Of Agency written by Howard Bennett and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-18 with Law categories.
Agency is a pervasive institution, fundamental to commercial activity, inherent to legal personality, enabling against deteriorating capacity. This new work provides a fresh, succinct examination of the principles of agency law exploring the rules of attribution, the rights and obligations arising within the agency relationship, the impact of agency in the fields of contract and tort, and the termination of an agent's authority. Throughout the book, full consideration is given to the issues arising under the Commercial Agents (Council Directive) Regulations 1993. The discussion is informed not only by common law authority that constantly nourishes the development of agency law principle, but also by international soft law instruments and the Restatement of the Law, Third: Agency.