An appraisal of the concept and scope of agency relationship under the nigerian commercial law | Blazingprojects Postgraduate Thesis
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An appraisal of the concept and scope of agency relationship under the nigerian commercial law

 

Table Of Contents


  • Title Page – – – – – – – – – – i Declaration – – – – – – – – – – ii Certification – – – – – – – – – – iii Dedication – – – – – – – – – – iv Acknowledgement – – – – – – – – – v Table of Cases- – – – – – – – – – vi Table of Statutes – – – – – – – – – ix Table of Abbreviation- – – – – – – – – x Table of Contents – – – – – – – – – xi Abstract – – – – – – – – – – xiv

Chapter ONE

INTRODUCTION

  • GENERAL INTRODUCTION
  • 1.1Introduction – – – – – – – – – 1
  • 1.2Statement of Research Problem – – – – – – 3
  • 1.3Aim and Objectives – – – – – – – – 4
  • 1.4Scope of the Research – – – – – – – 5
  • 1.5Research Methodology – – – – – – – 5
  • 1.6Literature Review – – – – – – – – 5
  • 1.7Justification of the Research – – – – – – – 9
  • 1.8Organizational Layout – – – – – – – 10

Chapter TWO

LITERATURE REVIEW

  • CONCEPTUAL CLARIFICATIONS
  • 2.1Introduction – – – – – – – – – 12
  • 2.2Meaning of Commercial Law – – – – – – – 12
  • 2.3Meaning of Agency – – – – – – – – 13
  • 2.4Authority – – – – – – – – – 18 2.
  • 4.1Types of Authority – – – – – – – – 19
  • 2.5Types of Agent – – – – – – – – 21
  • 2.6Other Types of Agent – – – – – – – – 31

Chapter THREE

RESEARCH METHODOLOGY

  • THE SCOPE OF AGENCY RELATIONSHIP
  • 3.1Introduction – – – – – – – – – 34
  • 3.2Capacity to act as Principal – – – – – – – 35
  • 3.3Capacity to be appointed as Agent – – – – – – 38

Chapter FOUR

DATA PRESENTATION AND ANALYSIS

  • DUTIES, RIGHTS AND OBLIGATIONS OF AGENTS
  • 4.1Introduction – – – – – – – – – 39
  • 4.2Agent’s Duties to his Principal – – – – – – 39 4.
  • 2.1Duty to Obey Instructions of the Principal – – – – – 40 4.
  • 2.2Duty to Exercise Due Care and Skills- – – – – – 41 4.
  • 2.3Duty to Act Personally – – – – – – – 43 4.
  • 2.4Duty to Act in Good Faith – – – – – – – 45 4.
  • 2.5Duty to Account – – – – – – – – 48 4.
  • 2.6Duty of Respect Principal’s Title – – – – – – 49
  • 4.3Right to the Agent or Duties of the Principal to the Agent- – – – 50 4.
  • 3.1Right to Remuneration – – – – – – – 50 4.
  • 3.2Right to Indemnity and Reimbursement – – – – – 53 4.
  • 3.3Right to Lien – – – – – – – – – 55

Chapter FIVE

SUMMARY, CONCLUSION AND RECOMMENDATIONS

  • BREACHES OF OBLIGATIONS AND REMEDIES AVAILABLE TO AGENT AND PRINCIPAL
  • 5.1Introduction – – – – – – – – – 57
  • 5.2Breaches of Obligations – – – – – – – 57
  • 5.3Remedies available to the Principal – – – – – – 59 CHAPTER SIX SUMMARY AND CONCLUSION
  • 6.1Summary of the Research – – – – – – – 63
  • 6.2Findings – – – – – – – – – 65
  • 6.3Recommendations – – – – – – – – 66
  • 6.4Conclusion – – – – – – – – – 67 Bibliography – – – – – – – – – 69

Thesis Abstract

Agency relationship from its origin, presents situation where a person (principal) is bound by the acts of another (the agent) and he (the principal) takes the rights and obligations arising out of such relationship is therefore, an exception of the doctrine of privity of contract which generally disentitles a person from acquiring any right or obligation arising from any contract to which he is not a party. Agency relationship arises when a person is vested with authority by another to enter into a legal transaction on his behalf. The two basic ingredients for agency relationship are authority and consent. However, in the course of this research, the finding of the writer is that the doctrine of privity of contract disentitles a person from acquiring any right under or being subjected to any obligation arising from a contract to which he is not a party to the contract. Thus, a contract cannot confer enforceable rights or impose obligations arising under it on any person except parties to it, this event, further constituted a statement of problem of the research. In view of this, the objective of this research is to identify the basic rules of agency relationship vis-à-vis their adequacy or otherwise in practice. In this regard therefore, the research finally concluded by recommending that the law should provide an avenue for redress to genuinely affected persons who the strict common law interpretation of privity of contract might have deprived of such. Such that even a perfect stranger could be awarded damages if infringement is proved. The sources of information relied upon here are relevant text materials, statute, journals (both local and international), judicial authorities and e-materials.

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