Law of Agency

What is the law governs law of agency in Malaysia?

• Agency Act 1961

• Sale of goods act 1957

• Contracts Act 1950

• Agency Act 1950

'He is a person for whom such act is done, or who is so represented in dealing with a third party.'

‘He’ refers to _____

• Principal

• Agent

• Boss

• 3rd party

The agreement created between principal and agent is _____

• Contract of employment

• contract of service

• contract of agency

• contract of necessity

'A person, by his words/conducts, allows a 3^rd party to believe that B is his agent even when B is not, and the 3^rd party relies on it to his detriment, that person will be estopped/precluded from denying the existence of B’s authority.'

A is agent by ______________

• necessity

• ratification

• holding out

• estoppel

_____________ is an authority conferred expressly upon the agent either by oral or written agreement.

• express authority

• apparent authority

• secret authority

• special authority

Who can be a principal as accordance to Section 136 of Contracts Act 1950?

• minor and soundmind

• adult and soundmind

• minor and unsoundmind

• adult and unsoundming

Can a minor becomes an agent?

• Yes because a minor can enter into a contract

• No because he still a minor

• Yes. A minor will be responsible for his act

• Yes. A minor will not be responsible for his act

A husband can rebut the presumption of the implied authority between his wife under these circumstances EXCEPT

• He had expressly warned his wife from pledging his credit

• He had expressly warned the supplier or tradesman not to supply his wife with goods on credit

• His wife was sufficiently provided with the goods of the kind in question

• His wife was given not sufficient allowance for the purpose of buying goods without having to pledge her husband’s credit

In the agency by ratification, if the principal does not ratify the contract made by the agent, the effect of the contract is _____

• The principal will not be responsible for the contract

• The agent will not be responsible for the contract

• The agent will be responsible for the contract

• The principal will be responsible for the contract

In which of the following circumstances, an agency by necessity may be created?

• when an agent signed an estoppel agreement

• when a person who is with authority act as an agent

• when an agent breaches the agreement with the principal

• when it is impossible for the agent to get the principal’s instruction