Title

The Apparent Authority of the Unauthorised Agent: Kelly v Fraser

Publication Type

Journal Article

Publication Date

3-2014

Abstract

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.

Discipline

Asian Studies | Business Organizations Law

Research Areas

Commercial Law

Publication

Singapore Academy of Law Journal

Volume

26

Issue

1

First Page

258

Last Page

268

ISSN

0219-6638

Publisher

Singapore Academy of Law

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