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Report No. 68

Restatements and academic writings

1.5. This theory was later developed by Seavey in an article in the Yale Law Journal1. The American Restatement2 of the Law of Agency states that an essential characteristic of the relationship of agency is that "an agent or apparent agent holds a power to alter the legal relations between the principal and third persons and between the principal and himself". Falconbridge discusses the whole law of agency in terms of the agent's power. Salmond3 employs this expression in his draft of the Law of Contracts : "An agent is a person who is authorised by law to exercise on behalf of another person, called his principal, any power possessed by that other person of doing any act in Law,"

J. L. Montroses accepted it in an article published a few years ago.

1. Falconbridge in 17 Can Bar Rev. 248, referred to by F.E. Dowrick in "Relationship of Principal and Agent" (1954) 17 Modern Law Review.

2. Salmond & Winfield, Contracts, pages 338-40, cited by Do rick, "Relationship of the Laws of Principal and Agent" (1954) 17 Modern Law Review.

3. J. L. Montrose, "The Basis of the Power of Agent in cases of Actual and Apparent Authority", 16 can. Bar Rev. 757.

The Powers of Attorney Act, 1882 Back

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