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On the Relations between Agent and Principal: Angove's Pty Ltd v Bailey

Grower, JAW; (2018) On the Relations between Agent and Principal: Angove's Pty Ltd v Bailey. Modern Law Review , 81 (1) pp. 141-153. 10.1111/1468-2230.12320. Green open access

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Abstract

In Angove's Pty Ltd v Bailey the Supreme Court faced ‘two important and controversial questions of commercial law’: whether an agent's authority could ever be ‘irrevocable’, and whether the receipt of money by an imminent insolvent could ever give rise to a constructive trust of that sum. It answered both in the affirmative, albeit subject to heavy qualifications. This note supports these conclusions in principle, however it will argue that the court's reasoning, especially in answering the second question, leaves much to be desired. In particular, it ignored the central role of fiduciary law in regulating the conduct of agents.

Type: Article
Title: On the Relations between Agent and Principal: Angove's Pty Ltd v Bailey
Open access status: An open access version is available from UCL Discovery
DOI: 10.1111/1468-2230.12320
Publisher version: https://doi.org/10.1111/1468-2230.12320
Language: English
Additional information: This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions.
UCL classification: UCL
UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/10040972
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