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Q1; Read the case of Hely-Hutchinson v Brayhead Ltd and answer the following: Explain the material facts of the case. Explain the difference between express
Q1; Read the case of Hely-Hutchinson v Brayhead Ltd and answer the following:
- Explain the material facts of the case.
- Explain the difference between express and implied actual authority.
- How did Denning MR define apparent authority and how did he explain the relationship between actual and apparent authority?
- Did Richards have actual authority to enter into the contract on behalf of Brayhead Ltd?
- Did Richards have apparent authority to enter into the contract on behalf of Brayhead Ltd?
Q2; Read the case of Freeman & Lockyer v Buckhurst Park Properties (Mangal) Ltd and answer the following:
- According to Diplock LJ, how do actual and apparent authority differ?
- Did Kapoor have actual authority to engage the claimant?
- Did Kapoor have apparent authority to engage the claimant?
- All three judges agreed that apparent authority was based upon the doctrine of estoppel. Explain
- how estoppel operates in relation to apparent authority.
- According to Diplock LJ, what conditions must be established to demonstrate that an agent had
- apparent authority to enter into a contract on behalf of the principal?
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