Bowstead and Reynolds on Agency

"Bowstead and Reynolds on Agency" is a comprehensive treatise on the law of agency, written by William Bowstead, Peter Watts, and Francis Martin Baillie Reynolds. The book is part of the Common Law Library and has been a leading reference source for commercial practitioners for over a century. Here is a detailed overview of the book:

Key Themes

• Agency Agreements: The book covers all relevant aspects of law related to agency agreements, including contract law, administrative law, tort, commercial/company law, and the law of property.
• Authority of Agents: It examines the creation of agency, the authority of agents, and discusses agency of necessity.
• Sub-Agency: The book analyzes sub-agency and the duties of sub-agents, including accountability to head agents in relation to bribe-taking.
• Conflict of Laws: It provides coverage of the conflict of laws, which is crucial in international commercial transactions.
• Case Law: The book is rich in case law, including recent cases from Singapore, Hong Kong, Australia, and New Zealand, which provides valuable guidance for practitioners.

Plot Summary

The book is structured into various chapters that delve into different aspects of agency law. Key chapters include:

• Chapter 1: Agency Inferred on Part of Co-owner; Obligations of Party to Litigation to Discover Materials Held by “Agents”; Attribution of Acts and Knowledge to Companies; Agency of a Company for a Related Company. This chapter discusses the complexities of agency in corporate settings, including cases like Ivy Technology Ltd v Martin and Quartz Assets LLC v Kestrel Coal Midco Pty Ltd.
• Chapter 2: Capacity of Corporations; Execution Requirements for Companies; Acts on Behalf of Companies Where Statute Requires Personal Action; Authority to Act Illegally; Ratification. This chapter focuses on the capacity of corporations to act as agents and the legal requirements for such actions.
• Chapter 3: Evidence of Agency; When Self-Benefit Bars Actual Authority; Mental Capacity Act 2005; Actual Authority of Individual Directors of Companies; Implied Authority of Lawyers in Litigation. This chapter explores the evidence required to establish agency and the limitations on an agent's authority, including the impact of the Mental Capacity Act 2005.

Critical Reception

The book has been highly regarded for its comprehensive coverage and authoritative commentary. Here are some critical remarks:

• Lord Goff of Chieveley described Bowstead (now Bowstead & Reynolds) as one of those books that, along with Dicey and Scrutton, combine the benefit of a continuously updated, though informal, code with the rich tapestry of case law, providing valuable guidance for busy lawyers and businessmen.
• The book is frequently cited in courts both in the United Kingdom and elsewhere in the Commonwealth, making it an essential reference source for all commercial practitioners.

Editions

The book has been published in multiple editions, with the 23rd edition being the latest. Each edition updates all relevant aspects of law and incorporates recent changes and developments in practice. The 16th edition was published in 1996 and was highly praised for its comprehensive coverage and authoritative commentary.

In summary, "Bowstead and Reynolds on Agency" is a seminal work in the field of commercial law, providing a detailed and authoritative guide to the law of agency. Its comprehensive coverage, rich case law, and frequent citations in courts make it an indispensable resource for commercial practitioners.