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In English law, a corporation can only act through its employees and agents so it is necessary to decide in which circumstances the law of agency or vicarious liability will apply to hold the corporation liable in tort for the frauds of its directors or senior officers. If liability for the particular tort requires a state of mind, then to be ...
In law, a person is acting in a position if they are not serving in the position on a permanent basis. This may be the case if the position has not yet been formally created, the person is only occupying the position on an interim basis, the person does not have a mandate , or if the person meant to execute the role is incompetent or incapacitated.
In commercial law, a principal is a person, legal or natural, who authorizes an agent to act to create one or more legal relationships with a third party.This branch of law is called agency and relies on the common law proposition qui facit per alium, facit per se (from Latin: "he who acts through another, acts personally").
For these purposes, it is irrelevant whether the fraud is that of the client, the adviser or a third party acting through an innocent client. [36] Fraud in this context is a wide concept extending to iniquity, which embraces, for example, a plan to enter into transactions at an undervalue to prejudice the client's creditors. [37]
Negotiorum gestio ([nəˌgō.shē-ˈȯr-əm-ˈgestēˌō], Latin for "management of business") is a form of spontaneous voluntary agency in which an intervenor or intermeddler, the gestor, acts on behalf and for the benefit of a principal (dominus negotii), but without the latter's prior consent.
Commercial law (or business law), [1] which is also known by other names such as mercantile law or trade law depending on jurisdiction; is the body of law that applies to the rights, relations, and conduct of persons and organizations engaged in commercial and business activities.
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Agency law in the United Kingdom is a component of UK commercial law, and forms a core set of rules necessary for the smooth functioning of business. Agency law is primarily governed by the Common law and to a lesser extent by statutory instruments. In 1986, the European Communities enacted Directive 86/653/EEC on self-employed commercial agents.
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