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GAZETTE
sepTemBER
1986
O'BYRNE-WHITE OFFICE SUPPLIES
The Blackbush, Powderlough, Dunshaughlin, Co. Meath.
Tel.: 259903 / Page Boy 901884 /Unit 9416 (24 hours).
Appointed dealer for Amstrad word processors and computers
Why pay more when Amstrad can offer the same
for far less /
Amstrad's prices start at F499.95 » VA 7
For further details about this offer
contact:
Derek O'Byrne-White
Free Post
The Blackbush,
Powderlough,
Dunshaughl in,
Co. Meath.
Tel.: ( 0 1 ) 2 5 9 9 03
because the principal is rewarding the agent.
47
Secondly,
if the agent asserts that he is professionally qualified,
then it is reasonable for the principal to expect that this
paid agent should display such professional skills.
Duty not to delegate
As a general rule, an agent is obliged not to delegate
the authority conferred by the principal.
48
Generally,
the agent is under a duty of personal performance and
cannot delegate the task:
delegatus non potest delegare.
If the agent does in fact delegate authority (i.e.,
appoint a sub-agent ), the principal is not bound by the
acts of the sub-agent provided that the principal did not
expressly or impliedly agree to the delegation of the
authority from the agent to the sub-agent.
The rationale for this rule is that very often the
personal qualities and skill of the agent
49
as well as the
confidential nature of the relationship are important to
the principal.
50
It would be foolish of a principal to imagine that the
agent appointed must do
everything
associated with the
agency. A client cannot surely imagine that the solicitor
will do
everything
associated with the case (i.e., the
agency). Some exceptions and flexibility are allowed.
Those exceptions may be grouped under five headings:
(a) where the principal expressly authorises the agent
to delegate the power;
(b) where the power to delegate is implied;
(c) "ministerial acts" can normally be delegated;
(d) where the principal ratifies the delegation; and
301
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(e) where the delegation is required on the basis of
necessity.
(a)
express authorisation
If the principal expressly authorises the agent to
appoint a sub-agent then there is a valid delegation and
no breach of duty by the agent.
51
(b)
implied authorisation
If a principal appoints an agent knowing that the
latter will not personally perform the agency, the
principal is deemed to have authorised the delegation.
52
It seems to be implied in the agreement between
solicitors and their clients that a country solicitor may
use a town agent to act on the client's behalf.
5
-
(c)
ministerial acts
It is usually "immaterial" that the agent uses another
person "to carry out some purely ministerial act" on
behalf of the agent so as to complete the transaction.
54
Thus solicitors (
qua
agents) may be able (in the absence
of any express authority and leaving aside the issue of
implied authority) to perform some ministerial acts on
behalf of their clients, such as signing letters.
55
A
"ministerial act" may be seen as an act which does not
involve "the exercise of the discretion or skill for which
the agent was appointed."
56
(d)
ratification
A principal may ratify an otherwise unauthorised
delegation and this becomes a valid delegation.
57