UK Commercial Law Scenarios and Questions Essay

UK Commercial Law Scenarios and Questions - Essay ExampleAn implied agency under the agency by estoppel was created surrounded by Tom and Jerry since it was a verbal appointment. 1An agency by estoppel states that whereas an agency can in general arise by the will of the principal, he may nevertheless so conduct himself leading another to believe that someone is his agent and he is then estopped from denying this fact. For instant, if a somebody is allows another to order goods on his behalf and always concedes for them, then he will be estopped from denying the authority to a third person who relied on the appearance. (Emerson, 2003)This agency by estoppel is as effective as an agency intentionally created. The rule of estoppel is based on the principle of holding out and is not confined to contracts of employment only. (Jertz and Miller, 2004)Since there existed an agency relationship amid Tom and Jerry, Tom need to be advised that Jerry might bring a case against him for refus ing to accept the Land Rover he bought on his behalf knowledgeable very well that Tom would be very happy with the purchase. Since Jerry was engaged to act as an agent by Tom (principal) whereby he ordered and stipendiary for fleshly feed on his behalf we can say that Tom acted for un let on principal. When he was ordering the animal feed for Tom, he would not have disclosed that he was an agent engaged by Tom since they would not have sold the animal feeds for them because Tom had been banned from their premises. Tom on the other hap needs to be aware that, since his goat had ran amok causing a lot damages to the animal feeds supplier, a case can be brought against him. The animal feed supplier may sue him for trespass by cattle under the law of tort. A trespass by cattle of a person we usually treated as if he has committed it himself. If a mans cattle, poultry, sheep or goats trespass on anothers land, the owner of such animals becomes liable for trespass and must pay damages for the damages caused to the plaintiffs crops or property. If the cattle trespassed without causing any damage, the owner is still liable to pay damages because trespass is actionable per se. 4A relevant case studied under trespass by cattle is that of-Anderson v. Buckton of 1815In this case, the defendants cattle affected by contagious disease trespassed on an neighboring pasture and infected the plaintiffs cattle. It was held that the defendant was liable for damage arising from the spread