Activity: Participating in or organising an event types › Public Engagement – Public lecture/debate/seminar
'Agency Law: A Victim of Its Own Success?'
Agents, representatives and intermediaries play vital roles in commercial life. Many are experienced professionals, subject not only to agency law, but also to conduct or ethical rules imposed by professional bodies. Their activities are important particularly in the financial and insurance sectors, where they not only form contracts for their principals, but also provide them with professional advice.
Given the prevalence of agents in commercial life, it seems surprising that legal systems struggle to define agency. Often beginning with a consensual basis, such definitions are overlaid with fiduciary or good faith duties.
Lack of definitional clarity leads to practical problems. The concept becomes attractive for use in unanticipated contexts. This in turn obscures the true principles of agency. This lecture explores the uncertainties in agency law in order to ask whether it is in danger of becoming a victim of its own success.