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.
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11 MR. MORRIS: What is agency?
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13 MR. JUSTICE BELL: Someone acting on behalf of someone else.
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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
