Day 190 - 23 Nov 95 - Page 11


     
     1
     2   MR. JUSTICE BELL:   Perhaps you had better explain that Phipson
     3        is one of the main text books on evidence, and Bowstead --
     4        actually, someone has written it at the top -- is one of
     5        the main text books on agency ---
     6
     7   MR. RAMPTON:  Yes.
     8
     9   MR. JUSTICE BELL:  -- so far as the law is concerned.
    10
    11   MR. MORRIS:  What is agency?
    12
    13   MR. JUSTICE BELL:  Someone acting on behalf of someone else.
    14
    15   MR. RAMPTON:  Agency -- perhaps one can summarise it by saying
    16        this -- is the law by which a person, an employer, for
    17        example, may be liable for what is done by the employee --
    18        or said, for that matter.
    19
    20        Article 101:
    21
    22             "When agent's admissions are evidence against
    23             the principal.
    24             (1)   An admission or representation made by an
    25             agent may be received in evidence as an
    26             admission binding the principal only in the
    27             following cases:
    28
    29             (a)  Where it was made as part of a
    30                  communication expressly authorised by the
    31                  principal.
    32             (b)  Where it has reference to some matter or
    33                  transaction upon which the agent was
    34                  employed on the principal's behalf at the
    35                  time when the admission or representation
    36                  was made, and the making thereof was within
    37                  the ordinary course of that employment.
    38             (c)  Where it has reference to some matter or
    39                  transaction respecting which the person to
    40                  whom the admission or representation was
    41                  made had been expressly referred by the
    42                  principal to the agent for information."
    43
    44        Thus, if Ms. Lamb -- to take a present example -- had
    45        telephoned East Finchley Headquarters and said, "To whom
    46        shall I speak in order to find out about hours of work or
    47        rates of pay?" and Head Office had said, "You should go and
    48        speak to the Manager of the Kentish Town store", then
    49        anything on those topics that that Manager had said would
    50        be admissible against the Company. 
    51 
    52        My Lord, I need not read number (2), because it has no 
    53        relevance.
    54
    55             "Comment
    56             Where it is sought to prove an agent's
    57             admissions against his principal, the existence
    58             of the agency must be proved.  Thus it has been
    59             held that an admission by a mother did not bind
    60             her son in affiliation proceedings.  But in

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