The subject matter of this book: unauthorised agency

This book explores the legal problems caused by agents who act in an unauthorised manner. This general idea is broken down into three central issues in the analysis which follows: apparent authority, ratification and the liability of the falsus procurator. Each of these individual ideas will be expanded upon below. For the moment, the question which may arise is why this particular area has been selected as worthy of analysis. Agency law is a much under-researched area, and there are undoubtedly many other aspects equally deserving of attention. We would argue that the problems caused by unauthorised agents illustrate a central tension in agency law: the tension between the use of the concept of contract as the primary tool for the analysis of the legal relationships involved and the tri-partite nature of those relationships (involving principal, agent and the principal's contracting party known as the ‘third party’). In other words, a legal concept formed with bi-partite relationships in mind is applied to more complex tri-partite legal relationships.

The major problem inherent in the use of a contractual analysis is that it brings with it a significant role for the concept of consent. Where two parties are involved in a contractual relationship, they will normally reach consensus in idem in a direct manner. Where three parties are involved, consent is achieved in a more indirect way.