Cases - Pole v Leask

Record details

Name

Pole v Leask

Date

(1863)

Citation

33 LJ Ch 155

Keywords

Contract administration

Summary

The extent and nature of the authority of an agent may be defined by writing, by oral instruction or by a course of dealing between the parties. When the authority to an agent is general, it will be construed liberally, but according to the usual course of business in the relevant industry.

Where an express authority is given, an authority is implied combined with it to do all acts which may be necessary for the purpose of effecting the object for which the express authority was given.

The agent's authority may be enlarged. This could happen where the principal knows of and allows the agent to carry out work on his behalf beyond the limits of the express authority originally granted. In such circumstances, the principal/employer will be held liable for his agent's acts and omissions committed on his behalf in accordance with the wider scope of authority to which he has acquiesced.