Agency Commons^™

Kossoy And Filco V. Bank Feuchtwanger Ltd, Aharon Barak, Shlomo Levin, Dov Levin

Translated Opinions

The appeal is centred on the question of the liability of shareholders of a bank who sold their shares knowing that the bank's funds would be used to finance the acquisition of the shares and that it would endanger the existence of the bank, and on the question of the liability of the directors of the bank, who allowed the aforesaid sale of the shares.

Held by the Supreme Court:

A.      (1)     The director is the "brain" and "nerve center" of the company's activities. He acts in its name towards outsiders and manages its affairs internally.

          (2)     For some purposes, …

Judicial Review Of Agency Deregulation: Alternatives And Problems For The Courts, James T. O'Reilly

Vanderbilt Law Review

This Article takes a preliminary look at how deregulation has fared in the courts and at the significance of the evolving federal appellate and United States Supreme Court case law for future agency rule making decisions.

Part II of this Article examines the various categories of regulation and the aspects of each category that may be subject to deregulation.

Part III defines deregulation and explores some of the reasons why an agency may wish to deregulate. Part IV examines the utility of judicial oversight of deregulation, and part V then discusses the mechanics of deregulation, focusing on the various means …

Federal Agency Adjudications: Trying To See The Forest And The Trees, Jeffrey Lubbers

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Continuing Power Of Attorney - An Essential Instrument, Richard M. Thigpen, Richard E. Thigpen Jr.

Campbell Law Review

This article, which deals with the practical aspects of the creation and use of continuing powers of attorney, particularly in financial and estate planning areas, is based in part on the experience and opinion of the authors because there is very little case law on the subject.

Does The Agency Die When The Principal Becomes Mentally Incapacitated?, W. Alfred Mukatis

Seattle University Law Review

This Article explores the status of an agency when a competent principal enters into an agency relationship and thereafter becomes mentally incapacitated. On the one hand, does the status of the agency depend on factors relating to the principal such as type, length, or permanence of the incapacity? For instance, is the status of the agency the same when a principal lapses into a coma as it is when a conscious principal is incapacitated because of a mental disease such as schizophrenia? If in a coma, how does the length of the coma affect the status of the agency? Is …

Federal Administrative Law Judges: A Focus On Our Invisible Juridicary, Jeffrey Lubbers

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Agencies In Conflict: Overlapping Agencies And The Legitimacy Of The Administrative Process, Louis J. Sirico Jr.

Vanderbilt Law Review

This Article demonstrates how multi-agency decision making can enhance the legitimacy of the administrative system. After discussing the meaning of legitimacy in a highly stable society, it analyzes multi-agency decision making process from the perspective of the political scientist. I particularly emphasize "partisan mutual adjustment" analysis, which views the system as adjusting continually to the conduct of interacting participants. This theory comports not only with the pluralistic, pressure politics model of American government, but also with the methodology of classical economics, which celebrates the product of competing, conflicting interests.The Article concludes by demonstrating that the multi-agency process can increase legitimacy …

Foreign Nationals And Agencies Of Foreign Governments As Persons Under The Freedom Of Information Act: A Question Of Constitutionality, Lloyd F. Leroy

Vanderbilt Journal of Transnational Law

This note will first examine the FOIA as it is juxtaposed against the President's power in the area of foreign affairs. Particular attention in this area will be directed to the expressed congressional purpose for passage of the FOLA and the President's role as sole voice of the nation in international relations. Next, the conflicting interests will be highlighted by means of a hypothetical fact situation in which the FOIA dictates disclosure of information which the President feels must be withheld because of foreign policy considerations. Finally, this note will propose some solutions to both the practical problems presented and …

The Assigned Risk In Texas: The Questions Of Agency And Absolute Liability., Timothy Tynan Griesenbeck Jr.

St. Mary's Law Journal

Texas’ Assigned Risk Plan provides motor vehicle liability coverage to high-risk drivers who can’t obtain private insurance. However, there are two unresolved questions concerning assigned risk in Texas. The first is whether an independent insurance broker who drafts a policy for a high-risk driver is the agent of the insured or of the insurer. Several jurisdictions have determined that the assigned risk broker is the agent of the insured, and Texas should follow suit. Generally, the driver contacts a broker to file an application under the Plan with the state. The insurer assigned to the case must issue a policy …

The Controlling Persons Provisions: Conduits Of Secondary Liability Under Federal Securities Law, Kenneth I. Levin

Villanova Law Review (1956 - )

No abstract provided.

Binding The Insurer-Apparent Authority And Estoppel In Virginia

Washington and Lee Law Review

No abstract provided.

Agency--Recovery In Tort Under The Theory Of Apparent Authority Or Agency By Estoppel, Robert Brand Stone

West Virginia Law Review

No abstract provided.

Limitations On Contract Termination Rights—Franchise Cancellations, Ernest Gellhorn

Faculty Scholarship

No abstract provided.

Removal Of The Corporate Director During His Term Of Office, Arthur H. Travers Jr.

Publications

The traditional rules governing the removal of corporate directors have evolved so as to insulate the board of directors from the shareholders who elect them. Professor Travers in his article examines initially the interests being advanced by protecting the board members from removal by their electorate. He then critically analyzes the law as it relates to these interests in order to suggest a more rational approach.

Scope Of Employment: Driving Home In Company Vehicles - Phillips V. Cook

Maryland Law Review

No abstract provided.

Agency--1963 Tennessee Law, John S. Beasley, Ii

Vanderbilt Law Review

The Union Carbide and Ferguson cases were suits to recover Tennessee sales taxes and use taxes paid under protest for 1956 and 1958. Carbide and Ferguson urged that since they were under contract to the Atomic Energy Commission, the legal incidence of the tax was on the United States directly and therefore invalid. Carbide had been secured in 1943 to manage and operate certain plants involved in work on the atomic bomb, and Ferguson had subsequently been engaged to build additional facilities for this purpose. Both contended that their relationship with the United States and the Atomic Energy Commission was …

Charitable Liability For Tort, Edith L. Fisch

Villanova Law Review (1956 - )

No abstract provided.

Surgeons' Liability And The Concept Of Control, Michael B. Kean

Villanova Law Review (1956 - )

No abstract provided.

Agency -- 1962 Tennessee Survey, Edwin R. Render

Vanderbilt Law Review

Two cases decided during the survey period dealt with the existence or nonexistence of the agency relationship. While the agency relationship frequently arises out of contract, a contract is not necessary to the creation of authority in the agent. Consent of the principal is the basis of the agent's authority. Generally, the existence or non-existence of the agency relationship is a question of fact for the jury; but in the two cases to be discussed, Tennessee appellate courts reversed jury verdicts on the ground that there was no competent evidence in the record to support their findings... The other two …

Liability Of Principal For Automobile Accident Of Agent On Personal Business - Mider V. United States, David H. Clark

Maryland Law Review

No abstract provided.

Agency -- 1961 Tennessee Survey (Ii), W. Harold Bigham

Vanderbilt Law Review

I. Employee and Independent Contractor Distinguished

During the abbreviated survey period there were no significant or momentous decisions by Tennessee courts--state or federal--involving agency principles. Indeed the only state appellate case properly to be considered here involved the rather pedestrian question of whether a petitioner for workmen's compensation benefits was, vis-a-vis the defendant prime contractor, an employee or an independent contractor.

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II. Misrepresentations of Agent

Butts v. Colonial Refrigerated Transportation, Inc. is merely another example of the Sixth Circuit's unfortunate proclivity for writing per curiam affirmances. It is well-nigh impossible to determine whether the liability of the defendant which …

Business Associations -- 1961 Tennessee Survey, Kenneth L. Roberts

Vanderbilt Law Review

I. CASES

A. Disregard of Corporate Entity

B. Action in Corporate Name After Revocation of Charter

C. Effect of Merger

1. Privilege Tax

2. Statute of Limitations

D. Judicial Intervention in Internal Corporate Affairs

E. Disregard of Fictitious Corporate Records

F. Criminal Liability of Corporation for Acts of Agents

G. Corporate Venue Under Federal Anti-Trust Laws

II. STATUTES

A. Unincorporated Associations Treated as Corporations

B. Amendments to Securities Law

C. Massachusetts Trust Act

D. Industrial Development Corporation "Projects"

E. Amendments Relating to General Welfare Corporations

F. Miscellany

Agency -- 1961 Tennessee Survey, Elvin E. Overton

Vanderbilt Law Review

The topic "agency" includes the areas of "master and servant" as well as those of "principal and agent." There were few cases in these areas decided by the Tennessee courts during the period under survey. Generally, basic principles were applied to routine cases.In certain instances the reliance upon a prior fact determination avoided the necessity of an elaborate treatment of the facts. In one or two cases the court reached a result that may not be deemed desirable though supported by much authority. Significant points received less attention than they deserved in certain cases. In one case the basic question …

Agency - Borrowed Servant Doctrine - Surgeon Is Responsible For The Pre-Operative Negligence Of Anesthetist, Edwin W. Scott

Villanova Law Review (1956 - )

No abstract provided.

Agency -- 1960 Tennessee Survey, Warren A. Seavey

Vanderbilt Law Review

In Richardson v. Snipes' both parties to an exchange of land employed the plaintiff, the contract providing that the defendant would pay no commission unless the transfer was completed. The other party satisfied the conditions imposed by the defendant, who, however, refused to go through with the exchange. The court properly reversed judgment for the defendant; but the result should not have turned upon the finding of bad faith of the defendant, as the court held. The plaintiff had performed his undertaking which was to provide one who would exchange titles and who would have gone through with the transaction …

The Borrowed Servant - Keitz V. National Paving And Contracting Company, R. W. Shipley

Maryland Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Agency--Representations--Liability of Principal for Agent's Assault Where Consent Obtained by Fraud

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Constitutional Law--Due Process--Admissibility in State Criminal Prosecution of Results of Blood Test taken while Accused was Unconscious

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Constitutional Law--Privilege Against Self-Incrimination--Effect of Possible Federal Prosecution on Application of State Immunity Statute in State Criminal Proceedings

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Constitutional Law--Military Jurisdiction--Capital Offenses Committed by Civilian Dependents Accompanying Armed Forces Abroad in Peacetime

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Corporations--Election of Directors--Conflict Between Constitutional Right of Cumulative Voting and Statute Authorizing Classification of Directors

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Corporations--Officers--Secretary--Treasurer's Authority to Institute Litigation

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Corporations--Shareholder Voting Agreements--Applicability of Voting Trust Statute to Pooling Agreement Giving Irrevocable Proxies to …

Agency -- 1957 Tennessee Survey, F. Hodge O'Neal

Vanderbilt Law Review

Several interesting and significant decisions in the fields of agency and master and servant were handed down during the survey period. This article discusses the decisions in groups, each group being placed under a topic heading which is designed to give the reader an idea of the particular phase of agency law involved in that group of cases.

Establishing that Tort feasor is a Servant of Defendant: It is elementary law of course that a master is liable for the torts of his servant acting within the scope of his employment. A question often arises, however, as to whether a …

Recent Cases, Law Review Staff

Vanderbilt Law Review

RECENT CASES

AGENCY--INDEPENDENT CONTRACTOR--"ONE WAY LEASE" EFFECTIVE TO TERMINATE RELATIONSHIP

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COURTS--CIVIL RIGHTS ACT--IMMUNITY OF JUDGE FOR ACTS COMMITTED IN THE EXERCISE OF A JUDICIAL FUNCTION

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COURTS--CONTEMPT--VIOLATION OF COURT RULE BANNING PHOTOGRAPHY

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CRIMINAL LAW--ENTRAPMENT BY STATE OFFICIAL AS A DEFENSE TO FEDERAL PROSECUTION

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DAMAGES--BREACH OF WARRANTY--RECOVERY FOR LOSS OF PROFITS

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FEDERAL COURTS--CHOICE OF LAW--APPLICATION OF ERIE DOCTRINE TO DIVERSITY CASES INVOLVING FEDERAL COMMERCIAL PAPER

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TORTS--BATTERY--CONSENT OF MINOR TO SIMPLE OPERATION AS A DEFENSE

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TORTS--DUTY TO ACT--EMPLOYER'S ASSUMPTION OF A DUTY BY GIVING MEDICAL EXAMINATIONS TO EMPLOYEES

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Agency -- 1956 Tennessee Survey, F. Hodge O'Neal

Vanderbilt Law Review

The appellate courts of Tennessee and the United States Court of Appeals for the Sixth Circuit handed down during the survey period a considerable number of interesting and significant cases dealing with the Tennessee law of agency. This article groups the cases and arranges them under topic headings. In most instances, the discussion of the case or cases under a topic heading is preceded by brief background material designed to place the cases in their proper setting and aid the reader in evaluating them.