The Gazette 1986

GAZETTE

sepTemBER

1986

O'BYRNE-WHITE OFFICE SUPPLIES The Blackbush, Powderlough, Dunshaughlin, Co. Meath. Tel.: 259903 / Page Boy 901884 /Unit 9416 (24 hours). Appointed dealer for Amstrad word processors and computers

IT S COMPATIBLE WI TH YOU KNOW WHO, PRICED AS ONLY WE KNOW HOW.

Why pay more when Amstrad can offer the same for far less /

Amstrad's prices start at F499.95 » VA 7

For further details about this offer

contact:

Derek O'Byrne-White Free Post The Blackbush, Powderlough, Dunshaughl in, Co. Meath. Tel.: ( 0 1 ) 2 5 9 9 03

- £499.95 -

because the principal is rewarding the agent. 47 Secondly, if the agent asserts that he is professionally qualified, then it is reasonable for the principal to expect that this paid agent should display such professional skills. Duty not to delegate As a general rule, an agent is obliged not to delegate the authority conferred by the principal. 48 Generally, the agent is under a duty of personal performance and cannot delegate the task: delegatus non potest delegare. If the agent does in fact delegate authority (i.e., appoint a sub-agent ), the principal is not bound by the acts of the sub-agent provided that the principal did not expressly or impliedly agree to the delegation of the authority from the agent to the sub-agent. The rationale for this rule is that very often the personal qualities and skill of the agent 49 as well as the confidential nature of the relationship are important to the principal. 50 It would be foolish of a principal to imagine that the agent appointed must do everything associated with the agency. A client cannot surely imagine that the solicitor will do everything associated with the case (i.e., the agency). Some exceptions and flexibility are allowed. Those exceptions may be grouped under five headings: (a) where the principal expressly authorises the agent to delegate the power; (b) where the power to delegate is implied; (c) "ministerial acts" can normally be delegated; (d) where the principal ratifies the delegation; and

(e) where the delegation is required on the basis of necessity. (a) express authorisation If the principal expressly authorises the agent to appoint a sub-agent then there is a valid delegation and no breach of duty by the agent. 51 (b) implied authorisation If a principal appoints an agent knowing that the latter will not personally perform the agency, the principal is deemed to have authorised the delegation. 52 It seems to be implied in the agreement between solicitors and their clients that a country solicitor may use a town agent to act on the client's behalf. 5 - (c) ministerial acts It is usually "immaterial" that the agent uses another person "to carry out some purely ministerial act" on behalf of the agent so as to complete the transaction. 54 Thus solicitors ( qua agents) may be able (in the absence of any express authority and leaving aside the issue of implied authority) to perform some ministerial acts on behalf of their clients, such as signing letters. 55 A "ministerial act" may be seen as an act which does not involve "the exercise of the discretion or skill for which the agent was appointed." 56 (d) ratification A principal may ratify an otherwise unauthorised delegation and this becomes a valid delegation. 57

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